Santa Ana City Council
September 15, 2026

Gensler LOA- Architecture
January 2021
instructions after commencement of the Construction Documents phase; or (iv) inaccurate cost estimates;
d. Changes to Construction Documents based on alternative, fast track, separate, or sequential bids, phasing, and swing space; and
e. Services required due to performance failures by Client and Client’s consultants/contractors f. BOMA Calculations
g. LEED, WELL or Fitwell Certification
h. Digital Experience Design including coordination of infrastructural elements, support structures, content creation, etc.
i. Branding and signage design outside minimal code required elements j. Physical models, videos, fly throughs for project distribution. k. Relocation of SCE conduit routing for charging locations.

C. SERVICES AND INFORMATION PROVIDED BY CLIENT
C.1 Services Provided By Client or Others. The following services may be required on the Project and will be provided by Client, Client’s consultants or contractors, or others:
a. Temporary supports and structures, Energy modeling, Parking Consultant, Accessibility Consultant (CASP Certification), AV/IT/Security Consultant, Technology Consultant, Acoustic Consultant, Exterior Envelope and Waterproofing Consultant, LEED Consulting, Specification Consultant, Geo-technical Engineer, Site Surveying (ALTA and topographical) Hazardous materials testing or abatement, art coordination, furniture, window washing, Environmental Information Consultant, Commissioning, Fire sprinkler, Fire Alarm, DAS Consultant, Commissioning, , and Dry Utility as required for the project. b. Design-build or Design Assist services.

C.2 Information Provided By Client or Others. The following information may be required on the Project and will be provided by Client, Client’s consultants or contractors, or others:
a. Legal description of the property; the name/address of the property owner; and the name/address of any construction lender(s);
b. Existing or Base Building information if any, including drawings, specifications, and other documents that describe the existing utility services, site conditions, build out and base building construction, and any systems with which the Project is to be coordinated; c. Structural, mechanical, chemical, air, and water pollution and hazardous materials tests, and other laboratory and environmental tests, inspections, and reports required by law or by authorities having jurisdiction over the Project, or reasonably requested by Gensler.

C.3 Client’s Requirements of Contractor. Client will, through the Construction Contract, require Contractor to:
a. Provide access to the Work;
b. Provide a Submittal Schedule for Gensler’s approval and provide required Submittals in accordance with the Schedule;
c. Review Submittals, identifying any changes, and approve before submitting to Gensler; EXHIBIT 1
City Council 17 – 27 9/15/2026
Agreement for Architectural Services
March 17, 2025

Gensler LOA- Architecture
January 2021
d. Be responsible for the technical adequacy and accuracy, installation, and performance of any Project elements for which Gensler may specify performance requirements; e. Follow proper procedures for requests for substitutions; f. Maintain logs of all documents issued to and received from all other parties; g. Provide required certificates or statements of performance characteristics; h. Complete punch list items within thirty (30) days of Substantial Completion; i. Provide to Client as-constructed record drawings, maintenance manuals, written warranties, and related documents within thirty (30) days of Substantial Completion; j. Maintain job site safety on the Project;
k. Cause Gensler and Gensler’s consultants to be named as Additional Insureds on any property insurance purchased for the period of construction of the Project and on Contractor’s General Liability Policy (using form CG 2026, CG 2032, or equivalent); such insurance will be endorsed to provide a waiver of the insurers’ rights of subrogation against Gensler and Gensler’s consultants.

D. COMPENSATION
D.1 Basic Services. Compensation for Basic Services will be the lump sum of the amounts as shown in the table below exclusive of additional services.

Project Phase Gensler Fee Gensler Hours
Consultant
Fee
Consultant
Hours
Design
Architecture $ 15,000 60 $ 0 0
Civil $ 0 $ 9,500 38
Structural $ 0 $ 8,500 25
MEP $ 0 $ 9,600 35
Cost Estimate $ 0 $ 11,500 35
Sub Total $ 15,000 $ 39,100
Design Sub-Total $ 15,000.00 $ 39,100
Construction Administration
Architecture $ 27,500 100 $ 0
Civil $ 0 $ 6,500
40 Structural $ 0 $ 3,500 10
MEP $ 0 $ 12,000 70
Sub Total $ 27,500 $ 22,000
Overall Design Total $ 27,500 $ 22,000
Reimbursable Expenses $ 2,000.00 $ 2,000.00
EXHIBIT 1
City Council 17 – 28 9/15/2026
Agreement for Architectural Services
March 17, 2025

Gensler LOA- Architecture
January 2021
Sub Total Design and Reimbursables $44,500.00 $63,100.00 Overall Total $107,600.00
D.2 Additional Services. Compensation for Additional Services (if not agreed upon as a lump sum amount) will be based on Gensler’s Standard Hourly Billing Rates.

D.3 Reimbursable Expenses. Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by Gensler and Gensler’s consultants in the interest of the Project, including, but not limited to the following:
a. Reproduction, shipping, handling, and delivery.
b. Mileage, tolls, cab fares, and parking.
c. Physical models, mock-ups, and photography.
d. Sales taxes and other transactional taxes, and fees paid for securing approval of authorities having jurisdiction over the Project.
e. Authorized out-of-town travel, including travel time and reasonable living expenses. f. Additional insurance coverage or limits requested by Client in excess of that normally provided by Gensler and Gensler’s consultants.
g. Professional renderings, (Assumed 0).

Compensation for Reimbursable Expenses incurred by Gensler in connection with the Project, including without limitation, reproduction costs for providing copies of the deliverables described in Section B.1, will be based on amounts invoiced to Gensler, plus an estimated eight percent (8%) for management fee.

Total estimated reimbursables are as outline in D.1.

D.4 Consultants. Gensler is engaging in consultants in Section B.1, compensation for such consultants, including costs commonly incurred relating to consultant liability, management of consultants’ services, and administration of consultants’ contracts includes eight percent (8%).

D.5 Progress Payments. Progress payments will be made monthly. Where Gensler’s fee is based on a lump sum, progress payments for Basic Services will be based on the percentage of services provided during the previous month.

D.6 Photography. Photography/Videography. At Client’s option, Client may obtain a non-exclusive license to use Gensler-procured photography/videography of the Project with a mutually agreed cost to be determined in dollars.

E. AGREEMENT AND ACCEPTANCE
E.1 Agreement. This Agreement is comprised of and incorporates the following documents, in order of precedence:
a. Amendments and modifications signed by both parties; b. This Letter of Agreement;
c. The attached Standard Terms and Conditions (February 2021) EXHIBIT 1
City Council 17 – 29 9/15/2026
Agreement for Architectural Services
March 17, 2025

Gensler LOA- Architecture
January 2021
Where a portion of one document is amended by another of higher precedence, all unmodified portions will remain in effect. The terms and conditions of this Agreement, the STC and any Work Authorization hereunder, are integral parts of this Agreement and are fully incorporated herein by this reference. No conflicting or supplemental pre-printed provisions on Client forms (including, without limitation, terms on purchase orders) will be binding on the parties.

E.2 Effective Date. June 1, 2026
By Gensler By Client
By By
(Signature) (Signature)
Principal,
(Title) (Date) (Title) (Date)
On behalf of Andrew P. Cohen
Executive Director, California Registration Number C12855 cc: Anne Bretana
September 2, 2026
EXHIBIT 1
City Council 17 – 30 9/15/2026

EXHIBIT B
EXHIBIT 1
City Council 17 – 31 9/15/2026

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. 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. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

3. Workers’ Compensation (WC): 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.

4. Professional Liability (PL) /Errors and Omissions(E&O): with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate.

If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

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

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant’s CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement.

EXHIBIT 1
City Council 17 – 32 9/15/2026

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

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’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.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to nonpayment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Keri Buck, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant 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.

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 City.

Verification of Coverage
Consultant shall furnish City 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT 1
City Council 17 – 33 9/15/2026
09 15 26 PWA 10_Exh 1 Agreement with
Gensler
Final Audit Report 2026-09-03
Created: 2026-09-03
By: Marisol Jimenez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAdyMFpRtW-zPC3_NAAsBYkTgIRuxDp1GL "09 15 26 PWA 10_Exh 1 Agreement with Gensler" History
Document created by Marisol Jimenez ([email protected]) 2026-09-03 - 3:24:04 PM GMT
Document emailed to Rudy Rosas ([email protected]) for signature 2026-09-03 - 3:24:15 PM GMT
Email viewed by Rudy Rosas ([email protected])
2026-09-03 - 3:24:27 PM GMT
Signer Rudy Rosas ([email protected]) entered name at signing as Rodolfo Rosas 2026-09-03 - 4:17:55 PM GMT
Document e-signed by Rodolfo Rosas ([email protected]) Signature Date: 2026-09-03 - 4:17:57 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed.
2026-09-03 - 4:17:57 PM GMT
City Council 17 – 34 9/15/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Ground License Agreements for Wireless Telecommunication Facilities at Madison Park and Riverview Park

AGENDA TITLE
Ground License Agreement for Wireless Telecommunications Facilities at Two Existing Cell Tower Sites at Madison Park and Riverview Park

RECOMMENDED ACTION

1. Authorize the City Manager to execute a ground license agreement with CCTM1 LLC (CCTM), a Crown Castle subsidiary, for wireless telecommunication facilities on City property at Madison Park located at 1528 ½ S. Standard Avenue beginning October 1, 2026 through September 30, 2036, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,106,682 (Agreement No. A-2026-XXX).

2. Authorize the City Manager to execute a ground agreement with T-Mobile West Tower LLC for wireless telecommunication facilities on City property at Riverview Park located at 1817 W. 21st Street beginning October 1, 2026 through September 30, 2036, with provision for three, five-year extension options, for total revenue, including all extensions, in the amount of $2,163,571 (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City currently has 14 existing wireless telecommunications facility lease agreements for cell towers on City park properties. The lease agreements that were executed between 2001 and 2012 contain varying terms, conditions, and formats.

Therefore, the Public Works Agency (PWA), in coordination with the City Attorney’s Office (CAO), developed a standardized ground license agreement to establish consistent terms for the use of City property by wireless telecommunications providers.

The City began transitioning agreements to the standardized ground license agreement in March 2025. Rather than continuing to extend longstanding agreements under their existing terms, the City is revisiting these agreements as renewal opportunities arise to City Council 18 – 1 9/15/2026
Ground License Agreements for Wireless Telecommunications Facilities at Madison Park and Riverview Park
September 15, 2026

align existing facilities with the City’s current legal, operational, and financial requirements. This approach provides the City with greater control over its property, consistent agreement terms, updated risk management provisions, and additional opportunities to generate revenue from future colocation. Key provisions of the standardized ground license agreement include:
• Maximum term of 25 years,
• The City retains rights to relocate towers if needed for redevelopment, • Wireless carriers must notify the City before modifying equipment, • 4% annual increase of the license fee,
• The City must approve any future colocation requests, • The City will receive 50% of all future collocation revenue, • Additional license fee charged when extra land is needed for colocation, • Updated insurance requirements, and
• A one-time additional payment of $3,500.

CCTM1 LLC (CCTM), a leading wireless infrastructure provider, manages five existing wireless communication facilities located on City property at El Salvador Park, Jerome Park, Madison Park, Riverview Park, and the Santa Ana Stadium. On March 18, 2025, the City Council approved new standard license agreements for three of the five facilities at El Salvador Park, Jerome Park, and the Santa Ana Stadium. Staff is now recommending to transition of the remaining two facilities at Madison Park and Riverview Park to the City's current standard ground license agreement (Exhibit 1).

Madison Park has two cell tower installations. The existing facility consists of two “monopalm” trees located between the two baseball fields with an equipment room located adjacent to the wireless towers, and no modifications or additional equipment are proposed at this time. The existing lease agreement for the wireless communication facility at Madison Park was executed on December 5, 2005. If all renewal options are exercised, the existing lease agreement would expire in 2030. The current monthly rent of $4,208 exceeds the minimum initial license fee of $4,000/month established by the City's standard license agreement. Accordingly, the proposed license agreement maintains the existing monthly license fee of $4,208 and provides a 4% annual increase. In addition, CCTM will provide the City with a one-time payment of $3,500 in consideration for transitioning to the City's standard license agreement.

Riverview Park has one cell tower installation. The existing facility consists of a “monopine” tree located near the basketball court with an equipment room located adjacent to the wireless tower, and no modifications or additional equipment are proposed at this time. The current agreement for the existing cell tower at Riverview Park was entered into on July 19, 2010. This agreement is with T-Mobile West Tower LLC, and the facility is operated by Crown Castle. If all available renewal options are exercised, the existing agreement would expire in 2035. The current monthly rent of City Council 18 – 2 9/15/2026
Ground License Agreements for Wireless Telecommunications Facilities at Madison Park and Riverview Park
September 15, 2026

$4,322 exceeds the minimum initial license fee established under the City’s standardized ground license agreement. Accordingly, the proposed ground license agreement maintains the existing monthly license fee of $4,322 and provides for a 4% annual increase. T-Mobile West Tower LLC will also provide the City with a one-time payment of $3,500 in consideration of transitioning the facility to the standardized agreement.

The proposed agreements for both facilities incorporate the City’s current provisions governing insurance, risk management, equipment modifications, relocation, and future colocation. Future colocation requests will require City approval, and the City will receive 50% of applicable future collocation revenue. These provisions provide the City with greater flexibility and potential revenue opportunities while maintaining the existing license revenue for both facilities.

Financial Benefit
The proposed ground license agreements maintain the existing monthly license fees for both facilities while providing for a 4% annual increase. The first-year license fees are as follows:

Site/Park Monthly License Fee for
First Year
Yearly License Fee for First
Year
Madison Park $4,208 $50,501
Riverview Park $4,322 $51,867
**Figures rounded to the nearest dollar
In addition, the City will receive a one-time payment of $3,500 for each facility in consideration of transitioning to the standardized ground license agreement. Revenue generated by these ground license agreements will be utilized exclusively for the maintenance and capital improvements at City parks. Staff recommends approving the license agreement with CCTM1 LLC for Madison Park (Exhibit 2), and the license agreement with T-Mobile West Tower LLC, a Delaware limited liability company, by and through CCTMO LLC for Riverview Park (Exhibit 3).

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

FISCAL IMPACT
Revenues from these new agreements will be deposited into the following account for the specified years.

City Council 18 – 3 9/15/2026
Ground License Agreements for Wireless Telecommunications Facilities at Madison Park and Riverview Park
September 15, 2026

Fiscal Year
Accounting
Unit –
Account No.

Fund
Description
Accounting Unit,
Account Description Amount
Initial Term
FY 26-27
(Oct-Jun)
05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$83,777
FY 27-28 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$105,441
FY 28-29 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$109,658
FY 29-30 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$114,044
FY 30-31 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$118,606
FY 31-32 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$123,350
FY 32-33 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$128,284
FY 33-34 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$133,416
FY 34-35 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$138,752
FY 35-36 05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$144,302
FY 36-37
(Jul-Sep)
05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$36,426
Optional Three, 5-year Extensions
FY 36-37
(Oct-Jun) to
FY 51-52
(Jul-Sep)
05113002-
57363
Capital
Outlay Fund
Miscellaneous
Revenue, Cell Tower
License Agreement
$3,034,197
TOTAL $4,270,253
City Council 18 – 4 9/15/2026
Ground License Agreements for Wireless Telecommunications Facilities at Madison Park and Riverview Park
September 15, 2026

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 – Madison Park and Riverview Park

2. License Agreement – Madison Park

3. License Agreement – Riverview Park
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 18 – 5 9/15/2026
MADISON PARK:

EXHIBIT 1
City Council 18 – 6 9/15/2026
RIVERVIEW PARK:

City Council 18 – 7 9/15/2026

Exhibit 2

GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
CCTMl LLC
FOR WIRELESS TELECOMMUNICATIONS FAClLITIES

AT MADISON PARK
This Ground License Agreement ( 'Agreement") made this _ _ day of ____ _ 2026, is entered into by and between the CITY OF SA TA ANA, a charter city and municipal corporation organized and ex isting under the Constitution and laws of the State of Ca liforni a, hereinafter designated as "LICENSOR ' and CCTM I LLC, a Delaware limited liability company, its attorney in fact, hereinafter designated 'LlCENSEE." LICENSOR and LICENSEE are at times co ll ecti vely referred to hereinafter as the ' Parties." A Ground License fo r Wireless Telecommunicati ons Facilities allows the City of Santa Ana to make certa in properties ava ilable fo r the construction of nev telecommunicati ons fac ilities or the renewa l of ex isting telecommuni cations fac ility 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 rea l property located at 1528 l/2 S Standard Avenue, commonly known as Madison Pa rk (the entirety of UCENSOR's property is referred to hereinafter as the "Property" and a legal description of the Property is attached hereto as Exhibit A).

2. PREMISES. LJCENSOR hereby li censes to LICENSEE a portion of that Property for Site for Business Unit Number 827479 and being described as four hundred twenty-four (424) square fee t fo r LICE SEE's wireless telecommunications fac ilities as defin ed in Section 11 of this Agreement, which LICENSEE was granted a lease for in the Original Agreement (as defin ed in Section 3 below, and further described in Exhibit B attached hereto fo r reference only). The li censed area of the Property referred to hereinafter as the' Premises," is substanti ally described in Exhibit C attached hereto and incorporated full y.

3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement or license agreement that upon it Effecti ve Date (as defin ed below) this Agreement shall repl ace and supersede any prior lease agreement or li cense agreement (the "Original Agreement") between the Patt ies.

4. TERM. The Effecti ve Date of this Agreement shall be _____ , 2026, and shall remain in effect fo r a peri od of ten (10) years (the " Initial Te1m").

5. EXTENSIONS. This Agreement may be extended fo r up to three (3) additional five (5) year terms (each a "Rene-,; al Term") (the Initial Term and each Renewal Term are collecti ve ly referred to as the "Term' ). Each Renewal Term shall be subject to the terms and conditions as set fo rth herein as fo llows:

A. [f LICENSOR in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in confo rmity v ith LICENSOR's intended City Council 18 – 8 9/15/2026

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. ff no such notice is provided, the Agreement automatically extends for the first Renewal Term.

B. Thereafter, each subsequent renewal shall be subject to the fo llowing procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end ofthencurrent 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 LJCENSOR'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 Tenn 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 annua l License Fee equal to eighteen percent ( 18.0%) of the current annual License Fee, subject to al l of the other terms set forth herein including the annual percentage License fee increase.

7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requ1nng 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 Thousand Five Hundred One and 28/100 Dollars ($50,501.28) based on a monthly amount of Four Thousand Two Hundred Eight and 44/ I 00 Dollars ($4,208.44) 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 18 – 9 9/15/2026

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

D. The License Fee shall be subject to an annual increase of three percent (3%) per year, to be increased on each anniversary of the Effective Date.

Commencing on December 7, 203 1, the Annual Escalation shall increase to four percent (4%) per year.

9. GOVERNMENT AL APPROVALS.

A. It is understood and agreed that UCENSEE'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 obtaining 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 appli cable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). ln the event that any of such appli cations for such Governmental Approva ls should be finally rejected or any Governmental Approval issued to Lf CENSEE is canceled, expires, lapses, or is othe1wise 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 technicall y compatible for its intended use, LICENSEE shall have the right to terminate th is Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mai l, 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 LlCENSEE's Facilities (descri bed in Exhibit D), LICENSEE shall obtain LlCENSOR'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, whi ch 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 approva l 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.

City Council 18 – 10 9/15/2026

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 IO 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 LJCENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabi lities 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 IO 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 Federa l, State or local law.

E. LlCENSEE'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. LlCENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises City Council 18 – 11 9/15/2026

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 t\,venty-four (24) hours' noti ce 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 federal laws, ordinances and regulations governing and regulating the use of the Premises, and tenns, 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 prov ided 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 UCENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obi igated 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 investi gation 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) fo r 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 ( I) LICENSOR has in fo rmed LICENSEE prior to the commencement of the term of this Agreement that Lr CENSOR 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 contro l of LICENSOR which might City Council 18 – 12 9/15/2026

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 fo r 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 LJCENSOR and in full compliance with all applicable laws, regulations, permits, approva ls, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of th is 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 regul ations 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. LJCENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict ,vith any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in fo rce 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 materi als, explosives, or other materials or other purposes deemed by LICENSOR to be a potential foe 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 fac ility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or City Council 18 – 13 9/15/2026

unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises.

14. HAZARDOUS MATERIALS.

A. LICENSEE shal l at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federa l Water Pollution Control Act (33 U.S.C. section 125 1, et seq.), Resource Conservation and Recovery Act (42 U.S.C. sectio n 690 I, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act ( 15 U.S.C. section 260 I, et seq.), Clean Air Act (42 U.S.C. section 740 I, et seq.) Comprehensive Environmenta l Response, Compensation and Liability Act (42 U.S.C. section 960 1, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Hea lth and Safety 9 Amended 2018 MLA: CTC Approved Mayl 8- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the Ca lifornia Health and Safety Code (secti on 25 100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and loca l 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, radioacti ve materials, or vvaste, or othe r hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitatio n, any "hazardous substances" under any such laws, ordinances or regulations (collective ly "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 253 16 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law o r 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 prope rly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particul ar Premises License under the conditions of that Premises License or in a specific encroachment permit.

C. LICENSEE acknowledges that ( I) prior to the commencement of the term of this Agreement, LlCENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might re flect the potential existence of hazardous materials on o r 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 City Council 18 – 14 9/15/2026

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 Sectio n 14 8. of this Agreement.

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

E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to 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 rig ht to access the Premises and LICENSOR shall, within forty-eight (48) hours fo llowing actual notice of emergency access, inform UCENSEE 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 fai lure to disclose in a timely manner the re lease of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is requ ired to be reported to a state or local agency pursuant to law shall be grounds fo r termination of this Agreement by City in add ition to actual damages and other remed ies provided by law. LICENSEE shall immediately clean up and compl ete ly remove all Hazardous Substances placed by LlCENSEE 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 U CENSEE. LICENSEE shall also be responsible for any clean-up and City Council 18 – 15 9/15/2026

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 materi als 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 LfCENSOR's directors, offi cers, 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 liabl e 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 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 offi cers, officials, employees, agents and volunteers from any and all loss, liability, fi nes, 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 LlCENSEE'S Facilities; or (ii) performance of, or fa ilure to perform, this Agreement. LlCENSEE's obligations under the preceding sentence shall apply to any negligence of LlCENSOR, but shall not apply to any loss, liability, fines, penalties, fo rfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of Lr CENSOR 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 LlCENSEE's behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E.

City Council 18 – 16 9/15/2026

17. INTERFERENCE.

A. LlCENSEE'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 LJCENSEE'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 LJCENSEE's consent may be withheld if interfe rence 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.

In the event of any interference with LICENSOR's public safety communications operations, U C EN SEE shall have twenty-fo ur (24) hours after receipt of notice to cure the interference, and if LICENSEE fai ls 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, LlCENSOR has the right to shut down the electricity supply to LJCENSEE's Facilities. LlCENSEE shall reimburse LICENSOR fo r any actual, reasonable costs that LICENSOR incurs to cure any interference with LJCENSOR's public safety communications operations caused by LICENSEE's Facilities.

18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier te1111ination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fi xtures and al I personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tea r, and casualty excepted, including, but not limited to, removing of any foundations to a depth of fou r (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 City Council 18 – 17 9/15/2026

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, al I utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LTCENSOR's sole option.

19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Fee and perfo rming 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 fo llowing: minor maintenance, minor landscaping, minor construction, concessionaires, and City-sponsored events, located near the Premises, so long as the City Business does not interfe re with or impair the operation of LICENSEE's Facilities.

20. TITLE. LICENSOR covenants that LICENSOR possesses good and suffic ient title and interest to the Prope1ty and has fu ll 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 fo rth 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 perfo rmed. 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 O\-vn 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 [nstitute (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 aga inst 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 LlCENSEE to make repairs to and/or replace damaged equipment of U CENSEE's Facilities and/or any parts thereto regardless of fa ult 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 City Council 18 – 18 9/15/2026

are not made in seven (7) days, LlCENSOR 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 LlCENSEE 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.

23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communi cations tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate L!CENSOR'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 ten11s 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 fuhtre 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 LlCENSEE, 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 Lf CENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LlCENSOR or LLCENSEE 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 inva lid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The fai lure of either Party to insist upon strict perfo rmance of any of the terms or conditions of this Agreement or to City Council 18 – 19 9/15/2026

exercise any of its rights unde r 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 pe rformance thereof shall be governed, inte rpreted, 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 lega l action or lawsuit a rising he reunder shall be entitl ed 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 discretio n. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative fee as prescribed in Section 7 to cove r 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 o r 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 LJCENSEE's prope1ty with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thi1ty (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 fac ilities 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 \Vith respect to space for 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 tovver colocation user who wishes to collocate/sublease space o n LICENSEE's tower, subject to:
1) LICENSOR shall rece ive 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 calcula tion and payment of the Additional License Fee, o nce per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LlCENSEE's sublicensee rent City Council 18 – 20 9/15/2026

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 LJCENSEE'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)( l), within sixty (60) days, or such business summary is not satisfactory in the LICENSOR's reasonable discretion, LJCENSOR shall have the right to:

1. 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;
11 . 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 fu lly vvith LICENSOR's reasonable requests fo r information and access to records in connection with the verification or the Additional License Fee.
2) LICENSEE shall obtain LJCENSOR's consent on any sublicense, or similar fo rm of occupancy, or co location 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 fo r 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
Up to I 00 ft2
I 00 to 200 ft2
200 to 300 ft2
Over 300 ft 2
Amount due Licensor per Month
$400.00
$600.00
$900.00
$1,250.00
The License Fee fo r the additional ground space in this Section shall be subject to City Council 18 – 21 9/15/2026

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 U CENSOR by Lf CENSEE for colocations as prescribed in Section 7 of this Agreement; and U CENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the co location is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation nonrefundable additional payment shall be required.

29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by ce1tified 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 fo llowing the courier's receipt from the sender, addressed as fo llows:

LTCENSOR:

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:

CCTM l LLC
c/o Crown Castle USA Inc.

Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 153 17
A party may change its address by giving notice in writing to the other paity. 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 calcul ating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

City Council 18 – 22 9/15/2026

30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representati ves, 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 (I) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and reinstalling 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 prope1ty, ( 4) not impair, or in any manner alter, the qua lity of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C belovv.

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 fa ils 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. 1f 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 dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site.

Upon relocation of LlCENSEE'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 wi ll 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 City Council 18 – 23 9/15/2026

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 thi1ty (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 fa iled 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 LlCENSEE's operations at the Premises for more than sixty (60) days, then LICENSEE may at any time fo llowing 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 noti ce 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, U CENSEE 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 in terest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set fo rth 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 wi th 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 indemnifi cation 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 City Council 18 – 24 9/15/2026

the termination or expiration of this Agreement shall also survive such termination or expiration.

37. CAPTIONS. The captions contained in this Agreement are inserted fo r 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: lf, 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 fina l 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: LJCENSEE 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 (collecti vely '·Approva ls") 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 fai ls 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 tennination, 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 UCENSEE if LICENSEE fa ils to cure a default pursuant to Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LJCENSOR.

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 fu lly, including City Council 18 – 25 9/15/2026

reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, he ld by the signatory or is withdrawn.

B. The Pa rties 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 here in 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 othe r document re lating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement sha ll prevail.
[signal ure page folloivs]
City Council 18 – 26 9/15/2026

SIGNATURE PAGE FOR

GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
CCTMl LLC

FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT MADISON PARK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
Alvaro Nuñez
City Manager

APPROVED AS TO FORM
SONJA R. CARVALHO
By:

Melissa M. Crosthwaite

LICENSEE
By: CCTM I LLC, a Delaware limited liability company
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL MAY O 6 2026
____________________________
Rodolfo Rosas, P.E
Acting Executive Director
Public Works

~
Rodolfo Rosas (Aug 25, 2026 14:57:45 PDT)
Rodolfo Rosas
City Council 18 – 27 9/15/2026

EXHIBIT A
Legal Description of the Property
STTUA TE IN ORANGE COUNTY, STATE OF CAUFORNIA:

A PORTION OF THE LAND ALLOTTED TO F. W. KOLL IN PARTITION OF THE RANCHO SANTfAGO DE SANTA ANA, RECORDED fN BOOK "B" OF JUDGMENTS OF THE 17TH

JUDICIAL COURT OF LOS ANGELES COUNTY, CALIFORN IA, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALI FORN IA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE CENTER LINE OF STANDARD A VENUE 1320.01

FEET SOUTHERLY FROM THE INTERSECTION OF THE CENTER LINE OF STANDARD AVENUE AND MCFADDEN STREET; TH ENCE SOUTH 89° 15' 09" WEST 546.60 FEET TO A POINT; THENCE SOUTH 0° 37' 15" WEST 11 27.70 FEET TO A POINT; THENCE SOUTH 89° 22' 45" EAST 547.47 FEET TO A POINT; THENCE NORTH 0° 34' 10" EAST 1140.76 FEET TO THE POINT OF BEGINNING.

SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 29 PAGE 9 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

LESS AND EXCEPT THAT PROPERTY CONVEYED IN DEED RECORDED 11/04/ 1955 AS BOOK 3270 PAGE 4 19 OF THE ORANGE COUNTY RECORDS.

TAX ID NO: 0 14-43 1-02
DERfVATION CLAUSE

BEING THE SAME PROPERTY CONVEYED TO CITY OF SANTA ANA, A MUN ICIPAL CORPORATION, GRANTEE, FROM MARGARET L. HALL, A MARRIED WOMAN, GRANTOR BY GRANT DEED RECORDED 07/25/ 1955, AS BOOK 3 150 PAGE 217 OF ORANGE COUNTY RECORDS.

City Council 18 – 28 9/15/2026

EXHIBIT B
Original Agreement
City Council 18 – 29 9/15/2026

JM<-' ' .. ,,,., ~r ••~ . .,.. ,...,, ;:ILE ~:w, •• vuflnn .. ._ 1,v, (,! , ~ I A-2005-292 WORK MAY ltlf PHJCEED
CLERK o ,-COUNCIL LAND LEASE AGREEMENT BETWEEN 3 31 re. THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC. for DATE:. - ·-LN' Madison Park This Agreement, made this 5th day of December, 2005 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 "LESSOR" and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties".

1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Madison Park (the entirety of LESSOR's property is referred to hereinafter as " the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1528 South Standard Avenue, Santa Ana CA, and being described as a 12' by 27' parcel containing 324 square feet and space required for cable rnns to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trncks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way, to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof.

In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an alternative right-of-way either lo LESSEE or to the public utility, subject to LESSOR's approval of location and size of said alternative right-of-way, at no cost to LESSEE.

2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE.

3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below).

4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall be abated until thirty (30) days after the issuance of a building permit or until twelve (12) months after the date of execution of this Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis.

5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of three percent (3%) per year, to be increased on each anniversary of the Commencement Date.

6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon execution of this Agreement, a one-time, non-recurring, non-refundable payment equal to one (1) month's rent.

7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional five-year (5) terms (each a "Renewal Tenn"). Each Renewal Term shall be on the same terms and conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks Recreation and Community Services as follows: after the expiration of the original term, LESSOR reserves the right to deny any such extension, by providing no less than six (6) months prior written notice before the extended tenn Site#: LA02901A
Site Numc: SC45 I Madison Park
Market: California
City Council 18 – 30 9/15/2026

ends, if the LESSOR determines, in its reasonable discretion llial LESSEE's continued tenancy would not be in conformity with the LESSO R's intended use of its Property at such time. LESSEE may decline its option lo renew at the end of the then-current term by giving LESSOR written notice of the intent to terminate at least thirty (30) days prior to the end of the then current term.

8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and ot11er approvals (collectively the "Governmental Approvals") t11at may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will pennit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate wit11 LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE.

Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) lo enter the Premises for the purpose of making 11ecessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (as defined below and in Exhibit D, attached hereto) and for the purpose of preparing for the construction of LESSEE's Facilities. 1n the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is oilierwise withdrawn or terminated by the governmental auiliority or soil boring tests are fotmd to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to tenninate this Agreement. Notice of LESSEE's exercise of its right to tenninate shall be given to LESSOR in wTiting by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said tennination date shall be retained by the LESSOR. Upon such tennination, iliis Agreement shall become null and void and all ilie Parties shall have no further obligations including the payment of money, to each other.

9. APPROVAL OF PLANS. Prior lo commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unrea~onably withheld, conditioned, or delayed; such approval shall be issued by the Executive Director of U1e Parks, Recreation and Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing wiiliin such fifteen (15) working day period, LESSOR shall be deemed to have approved U1e plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval ofLESSEE's plans.

10. USE. LESSEE may use the Premises for any lawful activity in com1ection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on ilie Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at U1e discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once ilie initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading ilie communications capabilities of LESSEE's Facilities, with notice to LESSOR, so Jong as the equipment, cables or antennas remain within the original physical parameters of the Premises.

LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably wiiliheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and al I damage to park property i11cluding but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE lo repair and or replace said damages or contract for said services and bi! I LESS EE. The cost of said repairs can be subtracted from any deposits Site#: LA02901A
Site Name: SC45 I i'vfodison Park
Market: California
2 City Council 18 – 31 9/15/2026

retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law.

LESSEE's Facilities shall be constrncted and maintained in a manner and with materials that are consistent with tl1e approved plans for the project. The materials actually used must match up with the proposed materials and artislic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns witl1 access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE.

LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to constrnct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on ilie Premises. In the event that maintenance is required, such as the replacement of missing branches or the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty {30) days.

I 1. INDEMNIFICATION.

A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on fue Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) tl1e negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain.

B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns hannless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or c01mected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR-has no obligation to repair or maintain.

12. INSURANCE.

A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.

Prior to commencing perfonnance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary.

B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than S 1,000,000 per occurrence.

Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR; (3) contain standard separation ofinsured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out ofLESSEE's operations hereunder.

LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance ai1d additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; {b) provide that such insurance shall not have its required limits reduced or tenninated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement.

13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Existing Sile II: LA02901A
Sile Name: SC45 I Madison Park
Markel: California
3 City Council 18 – 32 9/15/2026

Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement.

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. LESSOR 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 LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions.

14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits and foundations may remain at LESSOR.'s option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain tl1e personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past tl1e aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on tJ1e existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in as-is condition.

15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE' s interest in the Property upon the expiration or termination of this Agreement.

16. RIGHTS UPON SALE. Should the LESSOR, al any time during the term of this Agreement, decide to sell all or any part of tl1e Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of tl1e portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during tl1is Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement.

17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and perfom1ing the covenants shall peaceably and quielly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary, and to lease Tower 2, as set forth in Paragraph 25, below. "City Business" shall include, but not be limited to the following: mi.nor 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 ofLESSEE's Facilities.

18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above.

19. NO LIENS. LESSEE will nol permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its Site#: LA02901A
Site Name: SC45I Madison Park
Market California
4 City Council 18 – 33 9/15/2026

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

20. MISCELLANEOUS LESSEE RESPONSIBILITIES.

A. Maximum Permissible Exposure - LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors a11d assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation ofMPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises.

B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE'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 one ( l) week after said damage is reported to LESSEE, except for damage cause by LESSOR. This time period may be extended with written authorization from the Executive Director of Parks and Recreation. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight ( 48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services.

C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment.

D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instnunent reasonably required by the utility company.

E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted.
2 1. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. ]11 addition, the City will be provided "power backup" by LESSEE, if available at the Premises.

22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the 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 lawfol and authorized under this Agreement, either in law or in equity.

Site ii: LA02901A
Sire Name: SC45 l Madison Park
Market: California
City Council 18 – 34 9/15/2026

23. 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.

24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any.

25. ASSIGNMENT.

A. LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, U1at LESSEE shall have the right to sublease or assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, {ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property.

B. LESSEE and LESSOR acknowledge and agree that LESSEE will install facilities that will consist of two separate communications towers and equipment rooms. LESSEE further agrees that LESSOR, and not LESSEE, shall retain ownership and is responsible for the maintenance and repair of the second Tower and the equipment room associated with that Tower {"Tower 2"). Further LESSOR shall retain the authority and absolute right to enter into a LEASE AGREEMENT with a second mobile/wireless communications provider ("LESSEE 2") to utilize Tower 2. The Lease Agreement for Tower 2, shall include a provision that prior to commencement of tl1e Lease Agreement for Tower 2, LESSEE 2 will reimburse LESSEE for a pro rata share of the construction costs incurred by LESSEE in constructing the facilities. Pro rata share is defined by the number of wireless carriers on the second Tower.

26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, ret11m receipt requested or by commercial courier, provided the courier's regular business is delivery service 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 (or any other address that the Party to be notified may have designated to the sender by like notice):

Site#: LA02901A
LESSOR:

Courtesy
Copy to
LESSEE:

Copy to:

Site Name: SC45 I Madison Park
Market: California
City of Santa Ana
Executive Director
Parks, Rec. & Community Services (M-23)
888 W. Santa Ana Blvd.

Santa Ana, CA 92702
City of Santa Ana - Office of the City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
T-Mobile USA, Inc.
12920 SE 381
h Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
With a copy to: Attn: Legal Dept.

OMNIPOINT COM!vlUNICA TIONS INC., a subsidiary
of T-Mobile USA, Inc.
(Site#: LA0290!A)
3 Imperial Promenade, Suite 1100
Santa Ana, CA 92707
Attn: Lease Administration Manager
6 City Council 18 – 35 9/15/2026

Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above.

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

28. RELOCATION RIGHT.

A. Anytime after the expiration of the original tenn, LESSOR shall have the one-time right, upon redevelopment of the Property, to relocate -LESSEE's Facilities to alternate space within the Property, if available; provided however, that such relocation shall (I) be at LESSOR's sole cost and expense, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSEE, to operate and maintain LESSEE's Facilities.

B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have a period of not less than twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site.

Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises.

Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement
C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment should the Premises be needed for a governmental purpose.

29. 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 rent, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which lo cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

30. ENVIRONMENTAL.

A._ LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and Site /1: LA02901A
Sile Name: SC45 I Madison Park
Market: California
7 City Council 18 – 36 9/15/2026

dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations.

B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way relateli to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE.

C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability al LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.

31. CASUAL TY. 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 LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to pennit LESSEE to resume its operation at the Premises, tetminate this Agreement upon twenty (20) days written notice to LESSOR. 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 tennination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use.

32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving U1e Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of tennination shall cause this Agreement to expire with the same force and effect as though the date set forlh 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.

33. SUBMISSION OF LEASE. 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. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement.

34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, mies and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises.

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

Site II: LA0290IA
Si1e Name: SC45 I Madison Park
Market: California
8 City Council 18 – 37 9/15/2026

36. 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.

37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These mies and regulations are specific to t11e Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of t11e Premises and Property by boili parties hereto.

38. POWERING DO\VN DURING MAINTENANCE/ REPAIR
(Not applicable to free-standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications Facility by ilie LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESEE using the information in Exhibit E, as applicable.

39. TERMINATION.

A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE 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 Commwiications Commission, or any successor agency, makes a determination v,-hich is final and nonappealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public healili or safety and that LESSEE must cease all operations on the Premises, LESSOR may tenninate this Agreement upon fourteen (14) days notice to LESSEE.

B. Termination by LESSEE: LESSEE may tenninate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all pem1its, consents, easements, non-disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or ilie authority to enter into this Agreement, or (iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to LESSOR, or (iv) the Property or LESSEE's Facilities are, or become, unacceptable under LESSEE's design or engineering specifications for LESSEE's Facilities or the communications system to which LESSEE's Facilities belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (v) above as the result of LESSOR's default.

C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29.

40. MISCELLANEOUS PROVJSJONS.

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

B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreemenl
Site ti: LA02901A
Site Name: SC45 l Madison Park
Market: California
9 City Council 18 – 38 9/15/2026

C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations.

D. LESSEE shall be permitted to trim the trees on the Property to the extent necessary for the operation of LESSEE's Facilities, provided that (i) any tree trimming work shall be performed only under the supervision of a licensed arborist, (ii) LESSEE notifies LESSOR in writing at least ten ( 10) days in advance of its intent to trim trees, and the Executive Director of Parks and Recreation or his designee approves in writing any proposed trimming, (iii) LESSEE agrees to trim any additional trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost. LESSOR reserves the right to reasonably deny any request to trim trees, Site#: LA0290 I A
Site Name: SC45 l Madison Park
Market: California
10 City Council 18 – 39 9/15/2026

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:
~~~'if::-~-/C....L-,C.....

PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:

JOSEPH W. FLETCHER
City Attorney
By: +AJ..&~!::2:::::~~::::S:~
LAU
Assistant City Attorney

CITY OF SANTA ANA
DA~
City Manager
LESSEE: • UNICATIONS INC.,
By:

Printed Name:

Its:

Date:

Site#: LA02901A
Site Name: SC45 I Madison Park
Market: California
ile USA, Inc.

II
City Council 18 – 40 9/15/2026

APN: 014-43 1-02

EXHIBIT A

LEGAL DESCRIPTION

OF THE PROPERTY
All that certain real property located in the County of Orange, State of California, being more particularly described as follows:

A PORTION OF THE LAND ALLOTTED TO F. W. KOLL IN PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA , RECORDED IN BOOK "B" OF JUDGEMENTS OF THE 17TH J UDICIAL COURT OF LOS ANGELES COUNTY,

CALIFORNIA, LOCATED IN THE COUNTY OF ORANGE , STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS :

BEGINNING AT A POINT ON THE CENTER LINE OF STANDARD AVENUE 1320 . 01 FEET SOUTHERLY FROM THE INTERSECTION OF THE CENTERLINE OF STANDARD AVENUE AND MCFADD':::N STREET; THENCE 89° 15 ' 09" WEST 546.60 FEET TO A POINT; THENCE SOUTH 0° 37' 15 " WEST 1127 . 70 FEET TO A POI NT ; THENCE SOUTH 89° 22 ' 45 " EAST 547.47 FEET TO A POINT; THENCE NORTH 0° 34 ' 10 " EAST 1140 . 76 FEET TO THE PO INT OF BEGINNING .

AFFECTS THE gEREIN DESCRIBED LAND AND OTHER LAND.

End of Legal Description
LESSOR INITIALS: ____ _
LESSEE INITIALS: ____ _
Site#: LA02901A
Site Name: SC45 l Madison Park
Market: Califomia
12 City Council 18 – 41 9/15/2026

EXHIBITB

LEGAL DESCRIPTION OF THE PREMISES
&

SITE PLANS/ DESCRIPTIVE RENDERINGS
However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "l'remises".

Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement.

See the attached drawings dated 2/6/06, identified as Site Name Madison Park, Site Number LA02901-A, Sheets Tl, LS-1, LS-2, C-1, C-2, A-1, and A-2.

LESSOR INITIALS: ____ _
LESSEE INITIALS:

Site#: LA02901A
Sile Name: SC45I Madison Park
Markel: Califomia
13 City Council 18 – 42 9/15/2026

EXHIBITC

ADDITIONAL INSURED ENDORSEMENT
Insurance Company _________________ _
This endorsement modifies such insurance as 1s afforded by the provisions of Policy # ________ relating to the following:

1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured.

2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance can-ied by or for the benefit of the additional insureds.

3. This insurance applies separately to each insured against ,vhom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective , this endorsement form as a part of ---------------- Policy# _____ ___________ _ Issued to ------------- -----------------
Site#: LA02901A
Site Name: SC45 I Madison Park
Market: California
Named Insured
Countersigned by _ _ _ ____________ _
Authorized Representative
14 City Council 18 – 43 9/15/2026

EXHJBJTD

PROPERTY SPECIFIC ACCESS RULES/REGULATIONS

1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties.

2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities.

3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on-site, parking, gates, etc.

4. For purposes of describing the Premises and LESSEE Facilities only, LESSEE is consh-ucting two wireless/mobile communications towers and the equipment rooms necessary for each of the two towers. LESSEE is leasing a portion of the property to constrnct Tower 1 and its equipment room for its own purposes (as depicted in Exhibit B and referred to in the Agreement as the Premises).

LESSOR reserves that portion of the Property upon which Tower 2 and its equipment room are located which shall not be part of the Premises or LESSEE'S Facilities. LESSOR retains the right to lease the reserved tower and equipment room to a second communications provider as set forth in Paragraph 25 in said LEASE.

Site II: LA0290JA
Site Name: SC45 I Madison Park
Market: California
15 City Council 18 – 44 9/15/2026

EXIDBITE
CONTACT INFORMATION:

LESSOR'S TECfLNICAL CONTACTS:

Name:

Address:

Daytime Phone No.:

Facsimile No.:
24-Hour Contact
No.:

Dispatch Center:

1. 2.

Ron Ono
Mike Lopez
20 Civic Center Plaza M-23, Santa Ana, CA 92702
Ron: (714) 571-4220
Mike: (714) 571-4212
(714) 571-4209
Ron: Cell (714) 231-6116
Mike: Cell(714)231-6112
NIA
LESSEE'S TECHNICAL CONT ACTS:

Name:

Address:

Daytime Phone No.:

Facsimile No.:
24-Hour Contact
No.:

Dispatch Center:

Site#: LA02901A
Site Name: SC45 I Madison Park
Market: California

1. Mehmet Oznar

2. Danny Bazerman
3 Imperial Promenade, Ste. 1100, Santa Ana, CA 92707
(714) 850-2403
(714) 850-6620
N.O.C. (888) 662-4662
N.O.C. (888) 662-4662
16 City Council 18 – 45 9/15/2026

EXHIBIT F

MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of ________ ____ , 2005 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation ("Lessee").

WITNESSETH:

That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a po1iion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as Madison Park, 1528 South Standard Ave., Santa Ana, CA, 92707, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor--------~ 2005, and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the tenns of the Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to the Property and to electrical and telephone facilities serving the Property.

IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written.

LESSOR:

City of Santa Ana
By: ___________ ___ _
Title: - ------------- Address
[FOR1'v1 DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION] Owner Initials _ _ _ _
Lessee Initials
Site fl: LA0290 I A
Site Name: SC45 I Madison Park
Market: Califomia
17 City Council 18 – 46 9/15/2026

SCOPE OF WORK

THE PROPOSED PROJECT ENTAILS,
CONSTRUCTION o;= A CONCRETE SLAB UJITl-l (4) NEWT-MOBILE EQUIPMENT CABIN::T&

INSTALLATION OF ANTENNAS MOUNTED ON A NEW MONOPALM
COAX CAElLE RUN& FROM EQUIFMENT TO PANEL ANTENNAS
• A 2(l)(l)A ELECTRICAL ~ TELEPl-lONE SERVICE TO EOUIFM""c:NT

APPLICABLE CODES
2001 CALIFORNIA BUILDING CODE
2001 CALIFORNIA ELECTRICAL CODE

HOB ART ST

E ELDER
~
i
Q
~
E BORCl-lARD AVE
• ~
<S)
E 1-lOOD A
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V ICINITY MAP
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MADISON F

APPROVALS

PRINT NAME SIGNATURE DATE

CONSTRUCTION

REAL ESTATE
ZONING

RF ENGINEER
NEiUJORK
PROPERiY OUNER
MISC.

UTILITY CONTACTS
ELECTRIC COMPANY .,_,TB=D"'------- SEE DllJG. E - 1
TELEF'l-!OIE C0.'1PANY -'--'TB:::,D::..._ _ _ _ _ _ &:E DllJG. E-1

SUBMITTAL RECORD

DE&CRIPTION DATE
l;ONIN~/~% REVIEW ':l/':l/02
Fl~AI. ':l;,12% ':1/l':l/02
~ITY COMMENT& ~/26/0!;
~Yl5El2 Q~WINGS Ei;;~ ~ITY C0.'1MENTi! ll/lf1/0!;
RE:,@E;Q L,AYQ\JT 02/~6~&
City Council 18 – 47 9/15/2026

EXHIBITC
Legal Description and Survey of the P,·emises

PROPERTY OWNER
C[TY OF SANTA ANA, A MUN ICIPAL CORPORATION

PROPERTY ADDRESS
1528 1/2 S. STANDARD AVE., SANTA ANA, CA LIFORN IA 92707

PARCEL NUMBER
0 I 4-43 1-02
TOWER LICENSE, also referred to in survey as EXISTING LEASE and TOWER LEASE:

EXISTCNG LEASE:

Tl IA T PORTION OF SECTION I 9, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNAR.DCNO MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA LIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE CNTERSECTION OF EDINGER AVENUE AND ST ANDA RD A VENUE;
THENCE NORTH 01 ° 24' 14" EAST, ALONG THE CENTERLCNE OF STANDARD AVENUE, 482.00 FEET;
THENCE NORTH 88° 35' 46" WEST, DEPARTTNG SAID CENTERLINE, 367.60 FEET TO THE TRUE PO INT OF BEG[NN ING;
THENCE NORTH 89° 42' 00" WEST, 18.50 FEET;
THENCE NORTH 00° 18' 00" EAST, I 7.50 FEET;
THENCE SOUTH 89° 42' 00" EAST, 18.50 FEET;
THENCE SOUTH 00° 18' 00" WEST, 17.50 FEET TO THE TRUE POINT OF BEGINNING AND CONTATNlNG 0.007 ACRES (324 SQUARE FEET) OF LAND MORE OR LESS.

TOWER LEASE:

THAT PORTION OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CAUFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCTNG AT THE CENTERUNE INTERSECTION OF EDCNGER A VENUE AND STANDARD AVENUE;
THENCE NORTH 01 ° 24' 14" EAST, ALONG THE CENTERLINE OF STANDARD AVENUE, 482.00 FEET;
THENCE NORTH 88° 35' 46" WEST, DEPARTING SAID CENTERLCNE, 367.60 FEET; THENCE SOUTH 19° 18' 48" WEST, 1.60 FEET TO THE TRUE POINT OF BEGINNTNG; City Council 18 – 48 9/15/2026

THENCE SOUTH 00° 18' 00" WEST, I 0.00 FEET;
THENCE NORTH 89° 42' 00" WEST, I 0.00 FEET;
THENCE NORTH 00° 18' 00" EAST, I 0.00 FEET;
THENCE SOUTH 89° 42' 00" EAST, 10.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAlNING 0.002 ACRES (100 SQUARE FEET) OF LAND MORE OR LESS.

ACCESS & UTILITY EASEMENT:

THAT PORTlON OF SECTION 19, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERlDIAN, IN THE CITY OF SANT A ANA, COUNTY OF ORANGE, ST A TE OF CALJFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF EDINGER A VENUE AND STANDARD A VENUE;
THENCE NORTH 01 ° 24' 14" EAST, ALONG THE CENTERLINE OF STANDARD AVENUE, 482.00 FEET;
THENCE NORTH 88° 35' 46" WEST, DEPARTING SA ID CENTERLINE, 367.60 FEET TO THE TRUE POINT OF BEGLNNLNG;
THENCE NORTH 00° 18' 00" EAST, 17.50 FEET;
THENCE SOUTH 89° 42' 00" EAST, 8.50 FEET;
THENCE SOUTH 0 1 ° 29' 24" WEST, 46.01 FEET;
THENCE NORTH 89° 42' 00" WEST, 25.25 FEET;
THENCE SOUTH O 1 ° 17' 26" WEST, 167.94 FEET;
THENCE SOUTH 36° 40' 16" EAST, 48.43 FEET;
THENCE SOUTH 01 ° 27' 04" WEST, 203.3 1 FEET TO A POINT ON THE NORTHERLY RIGHTOF-WAY LINE OF EDINGER AVENUE; THENCE NORTH 88° 32' 56" WEST, ALONG SAID RIGHT-OF-WAY LINE, 20.00 FEET; THENCE NORTH 01 ° 27' 04" EAST, DEPARTCNG SAID RIGHT-OF-WAY U NE, 196.40 FEET; THENCE NORTH 36° 40' 16" WEST, 48.37 FEET;

THENCE NORTH O I
O 17' 26" EAST, 203.00 FEET;
THENCE SOUTH 89° 42' 00" EAST, 37.20 FEET TO THE TRUE POINT OF BEGINNING.

LESS AND EXCEPT THAT PORTION LYING WJTHIN THE TOWER LEASE AREA.

CONTA INING 0.223 ACRES (9,723 SQUARE FEET) OF LAND MORE OR LESS. [Land Survey Follows]
City Council 18 – 49 9/15/2026

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SC451 MADISON PARK RL
1528 1/2 S STANDARD AVE
ANAHEIM-SANTAANA, CA 92707

ORANGE COUNTY
YlCINITY MAP • NTS SURVEY PROCEDURES & EQUIPMENT
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AS-BUILT SURVEY aMll SILi.: C0\1:A 111:CU
City Council 18 – 50 9/15/2026

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City Council 18 – 51 9/15/2026

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City Council 18 – 52 9/15/2026

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AS-BUILT SURVEY , ,., ll SrT[ IOJt..OAAY
City Council 18 – 53 9/15/2026

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AS-BUil T SURVEY .,_.11 StJE.tUN..

City Council 18 – 54 9/15/2026
City Council 18 – 55 Page 9/15/2026 48 of 62

EXHIBIT D
Licensee's Facilities
THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES rNCLUDTNG BUT

NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BA TTER1ES, UTILITY LINES, TRANSMISSION UNES, RADJO

FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHOR1ZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS:

City Council 18 – 56 9/15/2026

■ ·Mobile· ■ ■
T-MOBILE SITE NUl\,lBER: LA02901A
T-MOBILE SITE NAME:

T-MOBILE PROJECT:

SC451111ADISON PARK RL
ANCHOR

SITE INFORMATION
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DRAWING INDEX
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BUSINESS UNIT #: 827479
SITE ADDRESS: u:111•t.n.u.,:a.u.o4n..-caa
UU!ta,,,.a.u,rr.A.UU.CU..CA.~
COUNTY:

SITE TYPE:

TOWER HEIGHT:

ORANGE

MONOPOLE
60' .. 0"

LOCATION MAP
Santa Ana
! H'£NINOUI: PU(
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T,MOBil..E SITE NUMBER:

LAD2901A
BU #:. 127479
Set51 t.tADlSON PAK.I: RL
IS18 3/ 4 S. STM'DAJU> AVE.
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,\NAHEIU.SA."IT A ANA-GA. C,
9~i07
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ISSUEDPOR,
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City Council 18 – 57 9/15/2026

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City Council 18 – 58 9/15/2026

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15~8 J/-4 S. STANDARI>AVE.

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City Council 18 – 59 9/15/2026

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City Council 18 – 60 9/15/2026

CD DISTIHC £AST OE:'VATION
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2 SCALE: ,.l()f to s&tt
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a.u.u:.H,.>:c:·~1
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nu ;,.:811.a,9
SC451 MADISON PAR.JC R.L
lil!J/ .f S. STANDARD AVE.
fj\VCC:01
AHEW-SA.i.'-"TA ANA-GA.
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City Council 18 – 61 9/15/2026

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City Council 18 – 63 9/15/2026

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City Council 18 – 64 9/15/2026

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City Council 18 – 65 9/15/2026

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City Council 18 – 66 9/15/2026

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City Council 18 – 67 9/15/2026

EXHIBIT E
Minimum Scope and Limit of Insurance
LICENSEE shall cany and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to prope1ty 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 Fonn CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, prope1ty damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. lf 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 aggi-egate limit shall be twice the required occurrence limit.
• Automobile Liability: TSO Form Number CA 00 0 I covering any auto (Code I), 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 Jnsurance with limit ofno less than $1,000,000 per accident fo r 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 lnsu,-ed 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 fonn of an endorsement to LICENSEE 's insurance (at least as broad as ISO Form CG 20 IO 11 85 or if not available, through the addition of both CG 20 I 0, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primai1' Coverage
For any claims related to this contract, LICENSEE 's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0 I 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 LJCENSEE's insurance and shall not contribute with it.

City Council 18 – 68 9/15/2026

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 ( I 0) day notice shall apply to LlCENSOR.

Waiver of Subrogation
LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation \-vhich 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 wa iver 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 in vestigations, 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:VJI, unless otherwise acceptable to U CENSOR.

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, fai lure 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
LJCENSOR reserves the right to modify these requirements once per renewal term period, including I im its, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

City Council 18 – 69 9/15/2026

GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND

T-MOBILE WEST TOWER LLC

FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT RIVERVIEW PARK
This Ground License Agreement (“Agreement”) made this _____ day of ___________, 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 T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO 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 1817 W 21st Street, Santa Ana, CA 92706, commonly known as Riverview 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 827015 and being described as eight hundred twenty-five (825) 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.

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 _________ ___, 2026, and 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 City Council 18 – 70 9/15/2026

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 thencurrent 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 City Council 18 – 71 9/15/2026

(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 obtaining 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.

City Council 18 – 72 9/15/2026

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.

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 City Council 18 – 73 9/15/2026

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 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 City Council 18 – 74 9/15/2026

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 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 City Council 18 – 75 9/15/2026

unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises.

14. HAZARDOUS MATERIALS.

A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, 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").

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 City Council 18 – 76 9/15/2026

that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement.

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

E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours’ prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to 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 City Council 18 – 77 9/15/2026

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 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.

City Council 18 – 78 9/15/2026

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.

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 City Council 18 – 79 9/15/2026

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 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 City Council 18 – 80 9/15/2026

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.

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.

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 City Council 18 – 81 9/15/2026

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 consentsolely 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 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 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 City Council 18 – 82 9/15/2026

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 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 City Council 18 – 83 9/15/2026

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 nonrefundable 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:

T-Mobile West Tower LLC
12920 S.E. 38th Street
Bellevue, WA 98006
Attention: Leasing Administration
With Copies To:

CCTMO 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, City Council 18 – 84 9/15/2026

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 reinstalling 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 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 City Council 18 – 85 9/15/2026

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 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 City Council 18 – 86 9/15/2026

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

City Council 18 – 87 9/15/2026

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 18 – 88 9/15/2026

SIGNATURE PAGE FOR

GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND

T-MOBILE WEST TOWER LLC

FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT RIVERVIEW PARK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM LICENSEE
SONIA R. CARVALHO T-MOBILE WEST TOWER LLC,
a Delaware limited liability company
By: CCTMO LLC,
a Delaware limited liability company
Its Attorney In Fact
By: By:

Melissa M. Crosthwaite Name:

Senior Assistant City Attorney Title:

Date:

RECOMMENDED FOR APPROVAL
Rodolfo Rosas, P.E.

Acting Executive Director
Public Works
Rodolfo Rosas (Aug 25, 2026 14:58:26 PDT)
Rodolfo Rosas
City Council 18 – 89 9/15/2026

EXHIBIT A
Legal Description of the Property
Those portions of Lots 1, 2, and 3 of the Mabury Tract, in the city of Santa Ana, County of Orange, State of California, being more particularly describe as follows:

That portion of Lot 2 of Mabury Tract, in the City of Santa Ana, County of Orange, State of California, as per map thereof recorded in Book 165, page 301 of Deeds, records of Los Angeles County, California, described as follows:

Beginning at a point in the westerly line of the land deeded Stratford Square, Inc. by deed recorded in Book 2688, page 532, of Deeds, Records of said Orange County, distant thereon South 22° 00’ 00” West 102.60 feet from the northwest corner of said last mentioned land; thence along said westerly line South 22° 00’ 00” West 662.94 feet to the westerly prolongation of the northerly line of Lot 182 Tract No. 1724, filed in Book 51, pages 24, 25 and 26, of Miscellaneous Maps, Records of said Orange County; thence South 89° 53’ 53” East 35. 04 feet to the northwest corner of said Lot 182; thence along the westerly line of Tract No. 2122, filed in Book 61, Pages 49 and 50 of Miscellaneous Maps, Records of said Orange County, and prolongation thereof, North 27° 56’ 45” East, 695. 68 feet to the southwest corner of Lot 59 of said Tract No. 2122; thence North 89° 54’ 05” West 112. 72 feet in a direct line to the point of beginning.

Those portions of Lots 2 and 3 of the Mabury Tract in the City of Santa Ana, as shown on a map marked referee's “Exhibit B” recorded in book 165, page 301 of Deeds of Los Angeles County, California, and that portion of the Southeast quarter of the Southwest quarter of Section 2, Township 5 South, Range 10 West, in the Rancho Las Bolsas, partly in the City of Santa Ana, all in
the County of Orange, State of California, as the Southwest quarter of Section 2 is shown on Record of Survey map filed in book 15, page 40 of Records of Surveys of said Orange County, described as follows:

Beginning at the Southerly terminus of the established boundary line defined in an agreement recorded May 2, 1933 in book 615, page 36 of official Records of said Orange County, being also the Southeast corner of the land described in deed to H. L. Wakeham, et ux recorded December 31, 1937 in book 914, page 599 of Official Records of said Orange County; thence North 89° 48’ 30” West 412.30 feet to a point 20 feet Easterly measured at right angles from the dyke of the Santa Ana River; thence North 49° 57’ 15” East 814.02 feet parallel with said dyke; thence North 48° 11’ 15” East 422.90 feet to the westerly prolongation of the Northerly line of the property defined in said agreement; thence South 89° 48’ 30” East 61.80 feet to the Northerly terminus of the above mentioned boundary line; thence South 36° 04’ 30” West 998.33 feet to the point of beginning.

Those portions of Lots 1 and 2, of the Mabury Tract, in the City of Santa Ana, County of Orange, State of California, described as follows:

Beginning at the Northeasterly corner of the land conveyed to D. 1. Kelly by deed recorded April 3, 1917, in Book 261, at page 270, of Deeds, and running thence North 86° 47’ 22” East 257.48 City Council 18 – 90 9/15/2026

feet to a line which is parallel with the Easterly line of said land conveyed to D. N. Kelly, distant 210 feet Southeasterly measured, at right angles from said Easterly line; thence South 32° 08’ 32” West, along said parallel line, 1071.06 feet to the South line of the land conveyed to Sarah Brooks by deed recorded January 18, 1919, in Book 321, at page 10, of Deeds; thence North 89° 52’ 50” West, along said South line, 247.69 feet to the Easterly line of said land conveyed to D. H. Kelly; thence North 32° 08’ 32” East, along said Easterly line, 1053.42 feet. to the point of beginning; PARCEL ID: 001-011-08
This being a portion of the same property conveyed to the City of Santa Ana, in a deed from Stratford Square, Inc, dated 9/3/1954 and recorded 9/11/1954 in book 2817 page 86.

This being a portion of the same property conveyed to the City of Santa Ana, in a deed from Rainspray Inc., a California Corporation, dated 6/1/1953 and recorded 6/8/1953 in book 2516 page 264 as Instrument No. 36653.

This being a portion of the same property conveyed to the City of Santa Ana, in a deed from Joseph A.

Callens and Rachel Callens, husband and wife, dated 10/3/1952 and recorded 10/6/1952, in book 2392 page

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

PROPERTY OWNER

CITY OF SANTA ANA, A MUNICIPAL CORPORATION

PROPERTY ADDRESS
1817 W 21ST STREET, SANTA ANA, CALIFORNIA 92706

PARCEL NUMBER
001-011-08
TOWER LICENSE, also referred to in survey as EXISTING PREMISES 1 and EXISTING PREMISES 2:

EXISTING PREMISES 1:

THAT PORTION OF LOT 3 OF THE MABURY TRACT, IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN AS TAX ASSESSORS NUMBER 001-011-08, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF WEST 21ST STREET AND ALONA STREET;
THENCE NORTH 88° 56' 47" WEST, ALONG THE CENTERLINE OF WEST 21ST STREET AND THE WESTERLY PROLONGATION THEREOF, 534.72 FEET;
THENCE NORTH 01° 03' 13" EAST, 67.87 FEET;
THENCE NORTH 38° 20' 43" WEST, 3.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 38° 20' 43" WEST, 22.00 FEET;
THENCE NORTH 51° 39' 17" EAST, 19.33 FEET;
THENCE SOUTH 38° 20' 43" EAST, 22.00 FEET;
THENCE SOUTH 51° 39' 17" WEST, 19.33 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.010 ACRES (425 SQUARE FEET) OF LAND MORE OR LESS.

TOGETHER WITH AND RESERVING A NON-EXCLUSIVE RIGHT OF USE ACROSS

LESSOR'S PROPERTY FOR INGRESS, EGRESS, PARKING, VEHICULAR MANEUVERING,

EQUIPMENT AND UTILITIES IN ORDER TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN OR REMOVE ANY RADIO COMMUNICATION FACILITY AND EQUIPMENT.

EXISTING PREMISES 2:

THAT PORTION OF LOT 3 OF THE MABURY TRACT, IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN AS TAX ASSESSORS NUMBER 001-011-08, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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COMMENCING AT THE CENTERLINE INTERSECTION OF WEST 21ST STREET AND ALONA STREET;
THENCE NORTH 88° 56' 47" WEST, ALONG THE CENTERLINE OF WEST 21ST STREET AND THE WESTERLY PROLONGATION THEREOF, 534.72 FEET;
THENCE NORTH 01° 03' 13" EAST, 67.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 51° 39' 17" EAST, 20.00 FEET;
THENCE SOUTH 38° 20' 43" EAST, 20.00 FEET;
THENCE SOUTH 51° 39' 17" WEST, 20.00 FEET;
THENCE NORTH 38° 20' 43" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.009 ACRES (400 SQUARE FEET) OF LAND MORE OR LESS.

TOGETHER WITH AND RESERVING A NON-EXCLUSIVE RIGHT OF USE ACROSS

LESSOR'S PROPERTY FOR INGRESS, EGRESS, PARKING, VEHICULAR MANEUVERING,

EQUIPMENT AND UTILITIES IN ORDER TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN OR REMOVE ANY RADIO COMMUNICATION FACILITY AND EQUIPMENT. [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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Public Works Agency
www.santa-ana.gov/pwa
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Award of an Agreement for the Cabrillo Park Restroom and Concession Building Improvements Project

AGENDA TITLE
Agreement with A’s Construction to Provide Restroom and Concession Building DesignBuild Services at Cabrillo Park (Project No. 27-6004) (General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with Bruce Anderson Enterprises, Inc. DBA A’s Construction to design and build the Cabrillo Park Restroom and Concession Building Improvement Project for an amount not to exceed $650,000, for a term beginning September 15, 2026 and expiring December 31, 2027, with the option for one, one-year extension (Agreement No.

A-2026-XXX).

2. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER 2026-53 will be filed for Project No. 27-6004.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency oversees the maintenance and improvements of the City's park facilities to ensure they remain safe, functional, and accessible for the public.

Cabrillo Park is a neighborhood park in Santa Ana that provides recreational opportunities for residents through amenities including sports fields, playgrounds, picnic areas, walking paths, and a concession and restroom building that supports daily park activities and community use.

The existing restroom and concession building at Cabrillo Park has reached the end of its useful life and requires significant improvements to meet current Americans with Disabilities Act (ADA) accessibility standards and current building codes. City Council approved a capital improvement project to upgrade the Cabrillo Park restroom and concession building as part of the fiscal year 2026/27 Budget and Capital Improvement Program. The project includes renovation of the existing 490 square foot restroom and City Council 19 – 1 9/15/2026
Award of an Agreement for the Cabrillo Park Restroom and Concession Building Improvements Project
September 15, 2026

625 square foot concession facilities; utility investigations and upgrades; selective demolition, structural, civil, architectural, plumbing, electrical, and mechanical improvements; replacement of approximately 3,800 square feet of adjacent sidewalk; and associated site restoration. The project will also include evaluation of restroom configurations during the design phase to determine the most appropriate layout for accessibility, functionality, maintenance, and long-term community use. Construction activities will be coordinated to minimize disruptions to park patrons and will include temporary public restroom facilities, accessible pedestrian access, and site security throughout construction. Upon completion, the improvements will provide a modern, code-compliant, and accessible facility that enhances the overall functionality and user experience at Cabrillo Park.

Request for Proposals (RFP) No. 26-012 was advertised on March 20, 2026 on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows:
2,685 Vendors notified
6 Santa Ana vendors notified
105 Vendors downloaded the bid packet
2 Bids received
1 Bid received from Santa Ana vendor
Proposals were opened on May 21, 2026 and evaluated. Two proposals were submitted by the RFP deadline and both proposals were determined to be responsive to the specifications and met the City’s requirements. A selection committee comprised of Public Works Agency staff reviewed and evaluated the proposals based on the criteria established in the RFP. The final rankings were as follows:

Firm City Ranking
A’s Construction Santa Ana, CA 1
Loghmani & Associates, Inc. Playa del Rey, CA 2
Staff recommends awarding an agreement to the highest-ranked firm, A’s Construction (Exhibit 1). A’s Construction has completed similar public works projects for other agencies, including restroom and ADA renovations for the City of Long Beach and City of Santa Monica, and a community center renovation for the City of Placentia that included new restrooms and a kitchen/concession area, demonstrating relevant experience with restroom, ADA, concession, and other public facility improvements. A’s Construction has previously performed work as a prime contractor for the City of Santa Ana within the past two years, including the Civic Center Wayfinding and Bristol-Edinger Parking Lot Resurfacing and Restriping projects, which were satisfactorily completed, and has also served as an on-call PCC and asphalt contractor. The selected firm demonstrated extensive experience with public works construction projects, strong City Council 19 – 2 9/15/2026
Award of an Agreement for the Cabrillo Park Restroom and Concession Building Improvements Project
September 15, 2026

technical capabilities, clear communication, and strict adherence to schedule and budget.

Project Schedule and Contract Time
The project completion date is December 2027, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project, from design to construction completion is approximately one-year, as specified in the proposal documents.

The actual completion date will depend on the contractor’s schedule, material procurement timelines, and any unforeseen delays. The proposed agreement includes a one-year extension option to provide flexibility should additional time be needed to complete the project due to unforeseen conditions. Based on a typical project timeline, the estimated project completion is provided below.

Project Milestones
Milestone Estimated
Completion Date
Notes
Administrative Startup September 2026 Contract execution, bonds, insurance
Design, Plan Check and
Permitting
October 2026 Utility verification and field
research to finalize design.

Plan check and permitting
process.

Material Procurement April 2027 Procurement may take place concurrently with construction.

Contractor Mobilization May 2027 Start of construction activities.

Project Completion December 2027 Based on 160 working days.

The Cabrillo Park Restroom and Concession Building Improvements project was approved by the City Council as part of the Fiscal Year 2026-27 Capital Improvement Program and budget. Funds are budgeted and available to support the project.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301 (b) of the CEQA Guidelines for projects consisting of repair and maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2026-53 will be filed for Project 27-6004 (Exhibit 2).

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Award of an Agreement for the Cabrillo Park Restroom and Concession Building Improvements Project
September 15, 2026

FISCAL IMPACT
Funds are available for expenditure in the Fiscal Year 2026-27. Any remaining balances not expended by the end of the fiscal year will be presented to City Council for approval of carryovers to Fiscal Year 2027-28.

Fiscal
Year
Accounting
Unit – Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount

CURRENT BUDGET
2026-27 01117607-66220
(27-6004) General Fund
PWA Services,
Improvements Other
Than Buildings
$650,000
TOTAL $650,000

EXHIBIT(S)

1. Agreement with A’s Construction

2. Environmental Determination
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
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AGREEMENT WITH A’S CONSTRUCTION TO PROVIDE DESIGN-BUILD

SERVICES FOR CABRILLO PARK RESTROOM AND CONCESSION

IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 15th day of September, 2026 by and between Bruce Anderson Enterprises, Inc., a California corporation, DBA A’s Construction (“Contractor”), 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 March 20, 2026, City issued Request for Proposal (“RFP”) No. 26-012, by which it sought qualified consultants to provide Design-Build Services for Cabrillo Park restroom and concession building improvements.

B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 26-012.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work that was included in RFP No. 26-012, which is attached hereto as Exhibit A and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, which is attached hereto and incorporated by reference. The total compensation for services provided shall not exceed $650,000 during the term of the Agreement, including any extension periods.

The sum is comprised of (1) a base bid amount of $591,000, and (2) a contingency in the amount of $59,000 for additional services at the City’s sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the Exhibit 1
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City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on September 15, 2026 and expire on December 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for an additional one-year period upon a writing executed by the City Manager and the City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and City Council 19 – 6 9/15/2026

perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Insurance requirements are attached hereto as Exhibit C and incorporated by reference.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements City Council 19 – 7 9/15/2026

charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Contractor warrants that it is not now aware of any facts which conflict with the City Council 19 – 8 9/15/2026

prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.

16. TERMINATION
City Council 19 – 9 9/15/2026

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

City Council 19 – 10 9/15/2026

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 647-5635
To Contractor:

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. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other A’s Construction
Attn: Andres Aguilar, President
1662 W. McFadden Avenue
Santa Ana, CA 92704
City Council 19 – 11 9/15/2026

information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

22. COMMUNITY WORKFORCE AGREEMENT
Contractor shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20- 2023

23. 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 each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the Parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on following page]
City Council 19 – 12 9/15/2026

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Rodolfo Rosas, P.E.

Acting Executive Director
Public Works Agency

By:

Title:

Andres Aguilar
President
Rodolfo Rosas (Aug 31, 2026 14:04:29 PDT)
Rodolfo Rosas
City Council 19 – 13 9/15/2026

EXHIBIT A
City Council 19 – 14 9/15/2026

CITY OF SANTA ANA

INTRODUCTION/PROJECT
The City of Santa Ana (CSA) is soliciting proposals from qualified firms to provide Progressive Design-Build services for the renovation of the existing Cabrillo Park restrooms and concession room to bring the facilities into compliance with current ADA accessibility standards and applicable building codes. The project will also include associated site improvements, utility work, and replacement of approximately 3,800 square feet of surrounding sidewalk. the Progressive Design-Builder (DB) team. This interpretation is intended solely for the purposes of this solicitation and shall not modify or limit any definitions contained in the resulting Agreement.

The scope of work includes, but is not limited to, utility investigations (including sewer, water, and electrical systems); civil and structural engineering services; preparation of plans, specifications, and cost estimates; selective demolition of the existing restroom facilities; and construction of the renovated restroom and concession facilities. Work will include installation of structural elements, lighting, plumbing systems and fixtures, restroom accessories, and interior and exterior building finishes. The project will also include utility connections, site restoration, replacement of approximately 3,800 square feet of adjacent sidewalk, and completion of related site improvements necessary to support the renovated facilities.

Existing as-built drawings for the facility and associated utilities may be incomplete or unavailable. The Design-Build team shall be responsible for conducting field verification, investigations, and necessary documentation to confirm existing conditions and utilities required to complete the design and construction of the project.

It is expected that selected Design-Builder will provide comprehensive services for the planning, design, and construction of Cabrillo Park restrooms and concession building in two phases under a single Progressive Design-Build Agreement.

Phase I Preconstruction Services will include, but are not limited to:

A. EXISTING FACILITY ASSESSMENT AND RESTROOM CONFIGURATION EVALUATION. As part of the design and investigation services, the Design-Build team shall conduct a comprehensive assessment of the existing restroom building, structural systems, utilities and spatial layout to determine feasible renovation approaches.

The DB team shall evaluate the existing facility conditions, operating needs of the park, anticipated user demand, accessibility requirements and applicable building and plumbing codes. a. Based on this assessment the DB team shall analyze and present restroom configuration options, including but not limited to:

Single-user/all-gender restroom stalls
ies
b. The DB team shall evaluate each option in terms of code compliance, ADA accessibility, operation efficiency, maintenance considerations, safety, construction feasibility within the existing building footprint, lifecycle costs, and community usability. The analysis shall also consider fixture count requirements, circulation, privacy, security, and potential impacts to utilities and building systems.

The DB Team shall present the findings and recommended approach to the City, including concept layouts, cost implications, and operational considerations, to assist the City in determining the most appropriate restroom configuration for the Cabrillo Park facility and the surrounding community. The final configuration shall be determined in coordination with the City prior to advancing into final design.

EXHIBIT 1

SCOPE OF SERVICES
City Council 19 – 15 9/15/2026

CITY OF SANTA ANA
B. EXISTING DRAWINGS. The Design-Build team shall be responsible for conducting field verification, investigations, and necessary documentation to confirm existing conditions and utilities required to complete the design and construction of the project.

C. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall management and coordination for the project, which includes, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress reports and schedule, secure permits for all field studies and any other required permits from other agencies. Other agencies include, but are not limited to PWA/Park Maintenance Division and Planning & Building Agency.

D. RECORDS RESEARCH. Research all information pertinent to the project including, but not limited to existing field conditions, as-built/ record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected firm shall identify all existing and proposed facilities within the projects limits and highlight any potential conflicts.

E. UTILITY COORDINATION
a. General: The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with SCE for any electrical service connections, water service connections for restroom fixtures, irrigation and sewer connections for toilet, sink and floor drains. b. Electrical: The existing restroom building currently houses lighting control panels and an electric meter which provides service for the building and park lighting. c. Sewer: Consultant shall review the sewer coverage requirement conduct survey, per Section F, to determine existing invert elevations at point of connection, and adequacy of existing sewer line flow.

This information, along with as-built drawings will determine building elevation and affect final site plan.

F. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the project background, site layout, potential elements and issues, park maintenance standards (a preliminary list is included as an attachment to this RFP Scope of Work), project schedule, and review of existing information.

The Consultant shall provide the design, construction, and delivery of renovated restrooms and concession stand, including coordination to ensure conformance with project requirements.

G. SURVEY. On-the-ground field topographical survey work is required for the Consultant Subconsultant) to identify existing horizontal and vertical features, and sewer elevations needed for the project.

H. CIVIL ENGINEERING PLANS. The consultant shall be responsible for the preparation of any civil engineering plans required for this project including, but not limited to, the following; Horizontal and Vertical Control plan, On-site Grading and Drainage plan and Site Utility Plan. These plans should identify and address building elevations, utility connections, sewer flow, grade issues, and matching existing site conditions. Plans shall be reviewed and approved by CSA prior to implementation of work. Engineering design shall be compatible and Provisions for Public Works Construction.

I. SITE, LANDSCAPE AND IRRIGATION PLANS. Site improvements around perimeter shall be coordinated with civil engineering plans, which reflect survey information. The consultant shall be responsible for the preparation of any landscape architectural plans relating these site improvements including, the following; concrete hardscape (replacement of cracked and damaged concrete panels in surrounding restroom area to ensure ADA pathway requirements are met), landscape (as applies), irrigation modifications (as applies), Consultant shall ensure grade changes meet ADA requirements but at same time, strive to design layout which minimizes ramping and handrails. Plans shall be reviewed and approved by CSA prior to implementation of work.

City Council 19 – 16 9/15/2026

CITY OF SANTA ANA
J. ELECTRICAL PLANS. The consultant shall be responsible for the preparation of any electrical plans required for this project including, but not limited to, the following; incorporation of SCE design, electrical panel upgrades, relocation of existing panels, controllers, switchgear, etc.

K. FINAL PLANS The Consultant shall submit final signed plans and calculations as electronic files (CADD and .pdf) for CSA review and approval and then submit to planning and building department.

Phase II Construction Services will include, but not limited to:

Following completion of Phase 1 services and upon written authorization from the City, the Design-Build (DB) Team shall proceed with Phase 2 Final Design and Construction. During this phase, the DB Team shall work collaboratively with the City to finalize the design, establish the construction scope, and develop a Guaranteed Maximum Price (GMP) or negotiated construction price, as determined by the City.

A key objective of Phase 2 will be to identify and implement the most cost-effective construction approach necessary to renovate the existing restroom and concession facilities so that they meet all applicable building codes, accessibility requirements under the Americans with Disabilities Act (ADA), and other regulatory requirements. The DB Team shall work with the City to evaluate design options, construction methods, and scope alternatives to determine the minimum construction investment necessary to achieve full code and ADA compliance while maintaining functionality, durability, and safety of the facility.

As part of this process, the DB Team shall prepare detailed construction cost estimates and cost analyses to support decisionmaking. The DB Team shall also develop and submit a comprehensive Schedule of Values (SOV) identifying and itemizing the projected construction costs associated with the project. At a minimum, the Schedule of Values shall include cost breakdowns for major construction components, including but not limited to:

L. SCHEDULE OF VALUES:
a.

Item Description Qty Unit Unit Price Amount
Demolition

1 Asbestos Abatement 1 LS $ $
2 Remove flooring 1 LS $ $
3 Remove walls 1 LS $ $
4 Remove doors 1 LS $ $
5 Remove restroom appliances 1 LS $ $
Concrete (Interior)
6 Saw cut concrete slab (Restroom
building)
4200 SF $ $
7 New concrete slab (Restroom
building)
4200 SF $ $
City Council 19 – 17 9/15/2026

CITY OF SANTA ANA
Item Description Qty Unit Unit Price Amount
8 Saw cut concrete slab (Concession
building)
5,260 SF
9 New concrete slab (Concession
building)
5,250 SF
Metal
10 Framing 1 LS $ $
Rough Carpentry/Framing
11 Rough carpentry 1 LS $ $
Thermal and Moisture Protection
12 Wall insulation 1 LS $ $
Doors & Windows
13 Doors 1 LS $ $
14 Windows 1 LS $ $
Finishes
15 Drywall partitions 1 LS $ $
16 Drywall ceiling finish 1 LS $ $
17 Flooring finishes 1 LS $ $
18 Paint 1 LS $ $
Specialties
19 Restroom Accessories 1 LS $ $
Plumbing
20 Water Closets 1 LS $ $
21 Lav sinks 1 LS $ $
22 Rough piping 1 LS $ $
City Council 19 – 18 9/15/2026

CITY OF SANTA ANA
Item Description Qty Unit Unit Price Amount
23 Waste line 1 LS $ $
24 Vent line 1 LS $ $
25 Plumbing demo/cap 1 LS $ $
HVAC
26 HVAC Improvements 1 LS $ $
Electrical
27 Power 1 LS $ $
28 New lighting 1 LS $ $
29 Demo existing electrical 1 LS $ $
Site work Improvements
30 Landscape 1 LS $ $
31 Irrigation 1 LS $ $
32 Concrete sidewalk improvements 4275 SF $ $
M. CONSTRUCTION: SELECTIVE DEMOLITION, RENOVATION, SITE WORK, AND UTILITY CONNECTION a. Consultant is responsible for a design-build project, to deliver a set of renovated restrooms and concession building as described in this scope of Work, which includes selective demolition, site work, utility work, utility connections, and final site work.
b. Construction schedule shall minimize park facilities closure. c. Consultant to provide temporary fencing around the area of work, taking care to ensure that there are accessible path of travel(s) from the parking lot to park equipment and sport courts for public use. The Consultant shall prepare a fencing layout and plan identifying fence locations, limits, and general configuration in accordance with project requirements.
d. Consultant shall provide site security cameras after working hours while the project is actively under construction, ensuring a physical presence 24/7 while sites are in transition. e. Consultant shall provide temporary portable restrooms, including handwashing stations, for the public, while restroom facilities are closed for use. Portable restrooms are to receive routine maintenance as required to be acceptable for public use, at a minimum 3 days a week. Portable restrooms shall be accessible to the public throughout the duration of the project.
f. The Consultant shall prepare and deliver to the City the final as-built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field-marked prints to City Council 19 – 19 9/15/2026

CITY OF SANTA ANA
Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City.
g. Work will be subject to regular PWA inspections.
h. Commissioning, testing, and project close-out.

N. COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIRMENTS The consultant shall be responsible for adhering to the requirements of the CWA agreement between the City of Santa Ana and Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions. Refer to Exhibit IV: Community Workforce Agreement for the full agreement details.

PAYMENT AND INVOICING:

Phase 1- Design
The City will compensate the Design-Build (DB) Team for Phase 1 Preconstruction and Design Services on a cost-reimbursable basis with a Not-to-Exceed (NTE) amount, as negotiated and approved by the City. Phase 1 services shall include, but are not limited to, project management, site investigations, utility verification, architectural and engineering design, preparation of plans and specifications, constructability reviews, cost estimating, development of design alternatives, and preparation of a proposed Guaranteed Maximum Price (GMP) and Schedule of Values (SOV) for Phase 2 construction services.The DB Team shall submit monthly invoices documenting actual labor hours, billing rates, subconsultant costs, and reimbursable expenses incurred during the performance of Phase 1 services. Compensation shall include a negotiated Design-Builder fee or markup, as approved by the City. Total compensation for Phase 1 services shall not exceed the authorized Not-to-Exceed amount unless otherwise approved in writing by the City.

Phase 2 Final Design and Construction Services
Upon completion of Phase 1 services and upon written authorization from the City, the DB Team may proceed with Phase 2 Final Design and Construction Services.

Prior to commencing construction, the DB Team shall submit a Guaranteed Maximum Price (GMP) proposal to the City for review and approval. The GMP shall include all costs necessary to complete the project, including but not limited to labor, materials, equipment, subcontractor costs, general conditions, overhead, profit, allowances, contingencies, and all other costs associated with completion of the Work.

The GMP proposal shall include a detailed Schedule of Values (SOV) identifying and itemizing construction costs by major project components. The Schedule of Values shall be organized in sufficient detail to allow the City to evaluate the cost of individual work elements and monitor construction progress.

Upon approval of the GMP by the City, payments for Phase 2 construction services shall be made on a monthly progress payment basis, based on the percentage of work completed for each item in the approved Schedule of Values.

The City shall retain statutory retention from each progress payment in accordance with applicable California Public Contract Code requirements.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.

Provide city standard plans and specifications
Provide access to existing building, as requested by consultant.

Furnish scope of work and provide general direction as needed for the assigned project.

All plan check coordination within the City
Facilitate meeting space and coordination and City facilities CONSULTANT RESPONSIBILITIES:

City Council 19 – 20 9/15/2026

CITY OF SANTA ANA
All work as described under Consultant Services (Section A-K), General Requirements and Payment & Invoicing.

Provide Bonds and Insurance as outlined in Attachment of this RFP.

Submit renewal of Certificate of Insurance 30 days before expiring.

Ensure Certificate of Insurance is current when submitting invoices.

City Council 19 – 21 9/15/2026

EXHIBIT B
City Council 19 – 22 9/15/2026
City Council 19 – 23 9/15/2026
City Council 19 – 24 9/15/2026
Price ProposalSpreadsheet
DESIGN BUILDER/CONTRACTOR NAME:

REF NO. TRADE DESCRIPTION

LUMP SUM BASE
PRICE TOTAL ($)
00 GENERAL CONDITIONS, OH & FEE

00.1 General Expenses $

00.2 Supervision, Fringes, Taxes & Surcharges

00.3 Performance & Payment Bond

00.4 Insurance

00.5 All-Risk Builder's Risk Insurance

00.6 Fee

00.7 Other:

Subtotal: $ -
01 GENERAL REQUIREMENTS

01.1 Design Fee (Phase 1) $

01.2 Testing and Inspection

01.3 Allowances

01.4 Commissioning

01.5 Water Quality Management Plan

01.6 Mobilization

01.7 Temporary Facilities/Fencing

01.8 Off Site Staging

01.9 Hoist Facilities

01.10 Temporary Utilities

01.11 Cleaning

01.12 Protection & Safety

01.13 Demobilization

01.14 Other:

Subtotal: $ -
03 CONCRETE

03.1 Cast in Place Concrete $

03.2 Architectural Concrete

03.3 Precast Architectural Concrete

03.4 Other: Subtotal: $ -
04 MASONRY

04.1 Unit Masonry $

04.2 Brick Veneer Masonry
Subtotal: $ -
City Council 19 – 25 9/15/2026
Price ProposalSpreadsheet
06 WOOD, PLASTICS, AND COMPOSITES

06.1 Miscellaneous Carpentry $

06.2 Sheathing

06.3 Other:

Subtotal: $ -
07 THERMAL AND MOISTURE PROTECTION

07.1 Thermal Insulation $

07.2 Roofing

07.3 Sheet Metal Flashing and Trim

07.4 Roof Accessories

07.5 Joint Sealants

07.6 Other:

Subtotal: $ -
08 OPENINGS

08.1 Doors Frames and Hardware

08.2 Windows
$

08.3 Other:

Subtotal: $ -
City Council 19 – 26 9/15/2026
Price ProposalSpreadsheet
09 FINISHES

09.1 Gypsum Board Assemblies $

09.2 Non-Structural Metal Framing

09.3 Portland Cement Plastering

09.4 Tiling

09.5 Acoustical Panel Ceilings

09.6 Flooring

09.7 Interior Painting

09.8 High-Performance Coatings

09.9 Other:

Subtotal: $ -
10 SPECIALTIES

10.1 Signage $

10.2 Toilet Compartments

10.3 Operable Partitions

10.4 Wall and Door Protection

10.5 Toilet Accessories

10.6 Fire Protection Specialties

10.7 Other:

Subtotal: $ -
11 FURNISHINGS

11.1 Casework $
Subtotal: $ -
22 PLUMBING

22.1 Plumbing $
Subtotal: $ -
23 HEATING VENTILATING AND AIR CONDITIONING

23.1 Common Work Results for HVAC $

23.2 Testing, Adjusting, and Balancing for HVAC

23.3 Commissioning of HVAC

23.4 Instrumentation and Controls
Subtotal: $ -
26 ELECTRICAL

26.1 General Electrical $

26.2 Solar panels inverters transfer switches

26.3 Interior Lighting

26.4 Exterior Lighting

26.5 Other: Subtotal: $ -
City Council 19 – 27 9/15/2026
Price ProposalSpreadsheet
32 EXTERIOR IMPROVEMENTS

32.1 Concrete walkway $

32.2 Concrete Planter improvements

32.3 North CMU Wall Renovation

32.8 Other: Subtotal: $
33 UTILITIES

33.1 Utility Connections $

33.6 Other: Subtotal: $
Notes: The purpose of Allowance line items is to accommodate scope beyond the minimum requirements described in the RFP. As all Respondents are asked to carry the same allowance values, the inclusion of allowances will have no impact on price competitiveness among the Respondents. Allowances are to be implemented using the following concepts:

During project execution, the expenditure of Allowances is solely at discretion; As established, Allowances are intended as -to- budgets for each scope item; Additional funds required for unanticipated or expanded scope for Allowance-related items may be covered under Change Order provisions, at discretion;
Once scope is better defined, the DBE will be required to estimate for and then document actual costs incurred for Allowance items;
Only actual cost expended, including fee for overhead and profit, for Allowances will be reimbursed to the DBE;
At the completion of the project, any remaining allowances belongs to city of Santa Ana.

Total: $
City Council 19 – 28 9/15/2026

EXHIBIT C
City Council 19 – 29 9/15/2026

CITY OF SANTA ANA
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and subcontractors.

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

1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate.

Umbrella and excess insurance policies can be used to meet the required limits.

2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.

3. (WC). As req
Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.

4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Professional Liability (Errors & Omissions)(PL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds t of work operations
performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor.

Additional insured

2. For any claims related to this project, Contractor insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance EXHIBIT 3

INSURANCE REQUIREMENTS
City Council 19 – 30 9/15/2026

CITY OF SANTA ANA
or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.

3. A severability of interest provision must appl
insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with

4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers by virtue of the ies. Contractor agrees to obtain any
endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).

5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project must be indicated in the Description of Operations section of each certificate.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

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

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to City.

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 CITY.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.

Verification of Coverage
City Council 19 – 31 9/15/2026

CITY OF SANTA ANA
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive e them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

City Council 19 – 32 9/15/2026
PWA 06_Exh 1 Agreement (27-6004) - A's
Construction (CAO 8.26.26)(2223720.1)
Final Audit Report 2026-08-31
Created: 2026-08-31
By: Skylar Wilk ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAnQ0mj02Bxqqs74rMohEEKUB5eqx34IqW "PWA 06_Exh 1 Agreement (27-6004) - A's Construction (CAO 8 .26.26)(2223720.1)" History
Document created by Skylar Wilk ([email protected])
2026-08-31 - 8:47:58 PM GMT
Document emailed to Rudy Rosas ([email protected]) for signature 2026-08-31 - 8:48:06 PM GMT
Email viewed by Rudy Rosas ([email protected])
2026-08-31 - 8:54:41 PM GMT
Signer Rudy Rosas ([email protected]) entered name at signing as Rodolfo Rosas 2026-08-31 - 9:04:27 PM GMT
Document e-signed by Rodolfo Rosas ([email protected]) Signature Date: 2026-08-31 - 9:04:29 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed.
2026-08-31 - 9:04:29 PM GMT
City Council 19 – 33 9/15/2026
MAYOR
Valerie Amezcua

MAYOR PRO TEM
David Penaloza

COUNCIL MEMBERS
Thal Viet Phan
Benjamin Vazquez
Jessie Lopez
Phil Bacerra
Johnathan Ryan Hernandez CITY OF SANTA ANA

PUBLIC WORKS AGENCY
20 Civic Center Plaza M-11
P.O. Box 1988
Santa Ana, CA 92702

CITY MANAGER
Alvaro Nuñez

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
(714) 647-5690 l Fax (714) 647-5823
https://www.santa-ana.org/

NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act(CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK
County of Orange
P.O. Box 238
Santa Ana, CA 92702
From: City of Santa Ana
Public Works Agency
20 Civic Center Plaza M-11
Santa Ana, CA 92702
Project Title: Cabrillo Park Restroom and Concession Building Improvements Project Number(s): 27-6004
Project Location: 1820 E Fruit Street, Santa Ana CA 92703 City: Santa Ana County: Orange ER Number: ER-2026-053 Date of Approval: 09/15/2026 Project Description: Restroom and building improvements Applicant Name: City of Santa Ana Public Works Agency
Applicant Address: 20 Civic Center Plaza
SANTA ANA, CA 92701
Name of Public Agency Approving Project: City Council
Name of Agency Carrying Out Project: Public Works Agency Exempt Status: Categorical Exemption 15301(b)
Reason(s) Why Project is Exempt From CEQA:
15301 (b) consists of repair/maintenance of existing public facilities.

City Contact: Robert Aguirre Title: Senior Civil Engineer Telephone: (714) 647-5652 Signature: _____________________________ Date: ___________________ City of Santa Ana City Council
Valerie Amezcua
Mayor
[email protected]
David Penaloza
Mayor Pro Tem, Ward 6
[email protected]
Thal Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
City Council 19 – 34 9/15/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Resolution Accepting Grant Funding from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades

AGENDA TITLE
Resolution to Accept Grant from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades and Designate the City Manager as the City’s Authorized Agent to Execute the Grant Agreement (Non-General Fund)

RECOMMENDED ACTION
Adopt a resolution accepting grant funds from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades in the amount of $250,000 and designate the City Manager as the City’s Authorized Agent for the purposes of executing the grant agreement.

RESOLUTION NO. 2026-XXX entitled RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES (Cal OES) TO ACCEPT AN AWARD FOR THE FISCAL YEAR 2024 STATE AND LOCAL CYBERSECURITY GRANT – LOCAL AND TRIBAL (SL) PROGRAM
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana's water treatment and distribution system is critical infrastructure that relies on a Supervisory Control and Data Acquisition (SCADA) network to provide real-time monitoring and control of water system operations. The SCADA system includes programmable logic controllers (PLCs) and related control system components across the City’s water facilities. Public Works Agency (PWA) continues to strengthen the security of these systems through ongoing cybersecurity assessments, network segmentation between business and control system networks, continuous security monitoring, and hardening of control system devices, consistent with federal cybersecurity guidance for the water and wastewater sector.

The California Governor's Office of Emergency Services (Cal OES) administers federal City Council 20 – 1 9/15/2026
Resolution Accepting Grant Funding from the California Governor’s Office of Emergency Services for Water System Cybersecurity Upgrades
September 15, 2026