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A6575 - SPRINT PCS ASSETS LLC - WIRELESS COMMUNICATIONS FACILITIES SITE LEASE AT 401 S PAVILION WY
CERTIFICATE OF PROPERTY INSURANCE 0510112026 DATE (MM/00/YYYY) 04/1 1/2025 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATEVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING I NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Lockton Companies, LLC Three City Place Dr., Ste. 900 St. Louis MO 63141 -7081 (314) 432-0500 midwestcertificates@lockton.com R ECEIVED INSURED 102405 T-Moblle US, Inc. Its Subsidiaries and Affiliates, including Sprint Corporation MAY 1 9 2025 CONTACT N.UE: PHON FAX NC, No. Ext : (NC, No : ADDRESS: PRODUCER CUSTOMER ll: INSURER(S) AFFORDlNG COVERAGE INSURER A: Allianz Global Corporate & S cialt SE INSURER B: INSURERC: NAIC# 12920 SE 38th Street OFFICE OF THE CITY CL Bellevue WA 98006 "l!L!,..U::L.=-.,;,_:_;, _________________ -1-___ --1 INSURER E: INSURE R F: COVERAGES TMOBI CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/ DESC RIPTION OF PROPERTY (Attach ACORD 101 , Addltlon1I Rom1rb Schedule, If more op1ce Is r equired) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTAND ING ANY REQUIREMENT, TER M OR CO NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER TAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SU BJECT TO ALL TH E TER MS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLI CY EFFECTIVE POLICY EXP IRA TlON COVERED PROPERTY LIMITS LTR DA TE (M M/00/YY) DA TE (MM/00/YY) A l-29 PROPERTY USP00023325 05/0 1/2025 05/01/2026 Bl:ILDL'-G s xxxxxxx -CAUSES OF LOSS DEDUCTIBLE! -PERS01'ALPROPERTY $ xxxxxxx BUILDING BASIC BUSJXESS I1',CO~iE $ xxxxxxx ...... BROAD CONTENTS -EXTRA EXPENSE s xxxxxxx X SPECIAL RENTAL VALUE $ xxxxxxx -EARTHQUAKE -BLANKET BUILDC..G $ xxxxxxx WIND llLANKET PERS PROP -$ xxxxxxx FLOOD X -BLANKET BLDG&. PP s S.5,000,000 $ xxxxxxx - $ xxxxxxx INLAND MARINE TYPE OF POLICY $ xxxxxxx --CAl.,SES OF LOSS $ xxxxxxx --1'AMED PERI LS POLICY NUMBER $ xxxxxxx -NOT APPLICABLE - $ xxxxxxx CRIME s xxxxxxx --TYPE OF POLICY NOT APPLICABLE -$ xxxxxxx $ xxxxxxx W BOILER & MACHINERY/ EQUIPMENT BREAKDOWN NOT APPLICABLE $ xxxxxxx - $ xxxxxxx -$ $ SPECIAL CONDlTIONS/OTHER COVERAGES (ACORD 101, Addltional Rtm1rl<s Schedule, may be IttIched If moro space Is required) All Risk of Direct Physical Loss or Damage ; Includes Property, BPP, Bl, EE, Flood & Eanh Movement; Replacement Cost -Propert) Damage: Actual Loss Sustained -Time Element. Waiver of Subrogation included as required by wrillen contract. IE04466A -Demuth Park, 4375 Mesquite Avenue, Palm Springs , CA 92262 CERTIFICATE HOLDER 181562 City of Palm Springs its officers, agents and employees 3200 E Tahquitz Canyon Way Palm Springs CA 92262 CANCELLATION SHOULD ANY OF THE ABOVE DESCRI BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANC E 5/1/2026 DA TE (MM/0D/YYYY I 04/11 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC ATE HO LDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGAT IVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE O R PRODUCER, AND THE CERTIFIC ATE H O LDER. IMPORTANT: If the certific ate holder Is an ADDITIONAL INSURED, the p o licy(l es) mus t h ave ADDITIONAL INSURED provision s or be e ndorsed. If SUBROGATION IS WAIVED, subjec t to the terms and conditions of the policy, certai n p o licies may require an endo rsement. A statement o n this c ertific ate d oes not c onfe r rights t o the c ertific ate h old er in lieu of such e ndorsement(s ). PRODUCER Lockton Companies , LLC Three City Place D r ., Ste. 900 St Louis MO 6314 1-70 8 1 (314) 4 32-0500 m idwestcertificates@loc kton.com RECEIVED INSU RER S AF FORDING COVERAG E NAIC # 20443 INSURED T -Mob1le us. In c 35289 358772 Its Sub s id i a rie s and Affiliates, 2 0494 i ncluding Sprint C o rporation OFFICE OF THE CITY C•LGJiffllr-"'-'----------------+-----i 12920 SE 38th Street -. Bellevue WA 98006 INSURER E ; INSURER F : COVERAGES CERTIFICATE NUMBER· 169860 13 REVISION NUMBER · XXXXXXX T HI S IS TO CERTIF Y THAT T HE POLI CIES O F INSURANCE LIST ED BELOW HAVE BE EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT HSTANDING ANY REQUIREMENT, TERM OR CONDITIO N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI FICATE MAY BE ISSUED OR MAY PERTAIN, THE IN SU RANCE AFFORDED BY T HE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THI' Tl=RM~ c v r-LucI1"\ .. c ANn f'I"\• DITI"""' O F c, ,,....., p l"\I If'.Ii::c , ••~IT!': ~Hl"\\A"' MAV '-'"V E nee .. RE"' '""0 BV D"ID C' Atuc INSR TYPE OF INSURANCE .-.DDL SUB~ POLICY NUMBER POLICY EFF I P10LICY EX P LIMITS LTR INSO wvo IMM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENE RAL LIABILITY 7 0 1234 3\IUU 05/01uui1 05/01/20lt EACH OCCURREN CE 5 10 000 000 -::=i CLAIMS-MADE [R] OCCUR lll\lW\uC ',':'c'~•:~.' CU s 10 000 000 y MEO EXP lAnv one ""rlonl s 25 0 00 -y 5 10 000 000 PERSONAL & ADV INJURY GEN·L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 20 000 000 ~ POLICY □ PRO-[8] LOC PRODUCTS • COMP/OP AGG s 20 000 00 0 JECT OTHER s A AUTOMOBILE LIABILITY 701234 3878 05/01 /2 0 2E 0 5/01/202€ fe~'::~:~~~llNGLE LIMIT s 5 000 000 -X ~YAUTO BODILY INJU RY (Per person) s xxxxxxx >--OWNED -SCHEDULED y y -AUTOS ONLY -AUTOS BOOIL Y INJURY (Per ac:co:lent s xxxxxxx HIRED NON-OWNED FtJ.?~&:~e~t~AMAGE $ xxxxxxx -AUTOS ONLY -AUTOS ONLY s xxxxxxx B L UM BRELLA LIAS ~CUR 7014 886953 0 5/0 1/202E 0 5/01/202F EACH OCCURRENCE s 5 000 0 00 B EXCESS LIAB LAIMS-MAOE N N SIR apf lies per p o l i c y AGGREGATE s 5 000 000 B OED I X I RETENTION s 10,000 t e r m s conditions $ xxxxxxx WORKERS COMPENSATION x !s~~TUTF I r-'i:'~-B AND EMPLOYERS• LIABILIT Y YI N 701234 3895 {AOS) 0 5/0 1/202E 05/01/202, 8 /.NY PROPRIETOR,PARTNERIEXECUTIVE [m N /A N 7 0 12343881 CA) 0 5/0 1/202E 05/01/202f E L EACH ACCIDENT s 2 000 000 C OFFICER/MEMBER EXClUDEO> 70 12 447142 AZ,MA,OR,WI) 05/01 /202~ 05/01/202 !; s 2 .000 000 (M MdMOfY In NH) E L DISEASE -EA EM PLOYEE rr yes, c,e,cr,oe unoer DESCRIPTION OF OPERATIONS bo10w E L DI SEASE · POLICY LIMIT s 2 0 00 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEH ICLES (ACORD 101, Add itlonol Remarks Schedule, may be ott"ched If more space Is requ ired) The Certificate Holder and other entities d efined by wrllten contract, statute , permit application or written agreement a re add1tJonal insureds on a primary and non-cont ri butory basis under general liability a nd are add1t1onal insured under automobile liability as req uired by written contract. Waiver of Subrogation applies under general liab1hty and aut omobile liability as requi red by written cont ract ... See Attached Endorsements .. RV03XC073 / 190 1 B ARISTO ROAD PALM SPRINGS , C A CERTIFICATE HOLDER CANCEL LATION See A ttach ment s SHO ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL ED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16986013 AUTHORIZED REPRESE NTATIVE C ITY OF PALM SPRIN GS 3200 EAST TAHQUITZ CANYO N WAY PALM SPRIN G S CA 9 2262 A C ORD 25 (2016/03) ~;J? <9 1 988-2015 Al;UKU CORt'UKA IIUN. All rights r e servea The ACORD name and l o go are r e gis tered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 5/1/2026 DATE (MM/DDIYYYY) 04/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subj ect to the terms and conditions o f the policy, certain policies may re quire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER Lockton Companies, LLC Three City Place Dr., Ste. 900 St. Louis MO 63141 -7081 (314) 432-0500 m idwestcertificates@loclcton.com RECEIVED N AIC# 20443 INSURED T-Mobile US, Inc . 35289 358772 Its Subsidiaries and Affiliates, 20494 including Sprint corporationO FFICE OF THE CITY C 12920 SE 38th Street ~:.1!11~'-':!.:.----------------1-----1 Bellevue WA 98006 INSURERE : INSURER F : COVERAGES CERTI F I CAT E NUMBER· 16978542 REVISION NUMBER: XXXXXXX TH IS IS TO CERTIFY THAT TH E POLICIES OF INSU RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POLICY PERIO D INDICATED NOTWITHSTANDING ANY REQUIREMENT, T ERM OR COND ITION O F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D ESCRIBED HEREIN IS SUBJECT TO 11 1 TH<= TFRMS cv,-, , """""" ANn ,.."~ nlTIC NS , ,i= "',,..Hon, ,,..,i=c, 1 IMITS "'-'"\A"' u11v '-'"VF <><=<=tJ R<=n, ,,..i=n RY 011In ,.., 11Iuc,_ INSR ADDL SUBF (P,OLICY EFF (P I 0LICY E.XP LIMITS LTR TYPE OF INSURANC E INSD WVD POLICY NUMBER MMIDD/YYYY MMIDO/YYYY A X COMMERCIAL GENERAL LIABILITY ru123439uu 051u1 /202! 05/01/202t EACH OCCURR ENCE s 10 000 000 -:J CLAIMS-MAD E [K] OCCUR 1~::~.':~';..!':'c'.:~.' cu s 10 000 000 ,__ y y MEO EXP /Anv one -sonl s 25 000 PERSONAL & MN INJURY s 10 000 000 GEN'L AGGREGATE LIMIT APPL IES PER. GE NERAL AGGREGATE 5 20 000 000 R PO LICY□ PRO-[8J LOC PRODUCTS · COMP/OP AGG s 20 000 000 JECT OTHER s A AUTOMOBILE LIABILITY 7012343878 05/01 /2025 05/01/202€ fe~~~;~.f1NGLE LI MIT s 5 000 000 x ANY AUTO BODILY INJURY (Per person) $ xxxxxxx -OWNED -SCHEDULED y y -AUTOS ONLY -AUTOS BODIL y IN JURY (Per acc,denl) s xxxxxxx HIRED NON-OWNED f'~~1fAMAGE $ xxxxxxx -AUTOS ONLY ,__ AUTOS ONLY s xxxxxxx B L. UMBRELLA LIAB ~:CCUR 7014886953 05/01/2025 05/01/202E EAC H OCCURRENCE s 5 000,000 B EXCESS LIAB LAJMS--MADE N N S IR apflies per policy AGGREGATE s 5 000,000 B OED I X I RETENTION $10,000 terms condi t ions $ xxxxxxx WORKERS COMPENSATION X ,~~ATlJTF I I"~~-B AND EMPLOYERS' LIABILITY YI N 7012343895 i AOS) 05101/202~ 05/011202~ B A>IY PROPRIETOR/PARTNER/EXECUTIVE @:I N I A N 7012343881 CA) 05/01/202' 05/01/202F E L EAC H ACCIDENT s 2 000,000 OFFICE FWEM8ER EXCLUDE()') C /-..o,ylnNH) 701244 7142 AZ,MA,OR,WI) 05/01/2025 05/01 /202€ E L ll4SEASE • EA EMPLOYEE s 2 000,000 ~rsc:p~~RATIOHS -EL DISEASE • POI.ICY LIMIT s 2 000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101 , Additional Remarl<s Schedule, may be attached if more space is required) The Certificate Holder and other entities defined by written conlract, statute, permit applicat ion or written agreement are additional insureds on a primary and non-contributory basis under general liability and are additional insured under automobile liability as requ ired by written contract. Waiver of Subrogation applies under general liability and automobtle hability as required by wntten contract ••See Attached Endorsements•• RV35XC090-D / 3 11 1 TAHQUITZ CANYO N WAY PALM SPRINGS, CA CERTIFICATE HOLDER 16978542 CITY OF PALM SPRI NGS A TTN . PATRICIA A. SANDERS 3200 TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 ACORD 25 (2016/03) CANCELLATION ::see Attacnments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~~J © 1:100-.:u15 A\.,U1'U (;URPUR.A I 1u N . All ngnts reserveel The ACORD name a nd logo are registered marks o f ACORD ~ ACORD• CERTIFICATE OF LIABILITY INSURANCE DATE (MM/00/YYYY) ~ 5 /1/2026 04/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF I NFORMATION ONLY AND CONFERS N O RIG HTS UPON THE CERTIFICATE HOLDER. T HIS CERTIFICATE DOES N OT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF I NSURANCE DOES N OT CON STITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO T H E CERTIFICATE H OLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, t he pollcy(ies) must have ADDITIONAL INSURED provisions o r be endorsed. If SUBROGATION IS WA IVED, subject to the terms and conditions of the policy, certain policies may requir e an endorsement. A statement on this certificate does not confer rights to the certif icate holder in lieu of such endorsement(s). PRODUCER Lockton Companies , LLC Three City Place Dr., Ste 900 St Louis MO 63141-7081 (314) 432-0500 midwestcertificates@lockton.coR E CEIVED INSURED T-Mobile US, Inc. 9 25 358772 Its Subsidiaries and Affiliat es, MAY 1 20 including Spnnt Corporation 12920 SE 38th S(l}lft-FICE OF THE CITY CLERK Bellevue WA 98ode'r INSURER C : Tran INSURERD: INSURERE ; INSURER F : COVERAGES CERTIFICATE NUMBER: 16977339 NAIC # 20443 35289 20494 REV I S ION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIO N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAI N, THE INSURANCE AFFORDED BY T HE POLICIES DESCRIBED H EREIN IS SUBJECT TO A I THF TS:C UC: s:vr-1 I,,.,,,.,,. ""'n r.o~ nlTI( NS r,s: "' '"H pn, ,r-,s:c: LIMITS SHO"' l,J MAY HA\/S: REEN cs:n, '"ED RY DAID ,.., AIUC: INSR ADDL SUBf 'I POLICY EFF I P 1 0 LICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM/00/YYYY MM/00/YYYY LIMITS A X COMM ERCIAL GEN ERA L LIABILITY rU12343900 U:>/01/202: 05/01 /iUit EACH OCCURRENCE s 10 000 000 -'l CLAIMS-MADE 00 OCCUR UAMACJI: , ';'c~~• cu s 10 000 000 -y y MED EXP IAnv one ~on, s 25 000 PERSONAL & ADV INJURY s 10 000 000 GEN"L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 20 000 000 R POLICY□ ~rtr [R]toc PRODUCTS • COMP/OP AGG 5 20 000 000 OTHER : s A AUTOMOBILE LIABILITY -7012343878 05/01/202~ 05/01/202€ COMBINED SINGLE LIMIT /Ea acc,denll s 5 000 000 X AflY AUTO BOOtL Y INJURY (Per pe,son) s xxxxxxx --01,VNED SCHEDULED y y BODILY INJURY (Pei accidenl) s xxxxxxx -AUTOS ONLY -AUTOS HIRED NON-01,'VNED ~9~~1~AMAGE s xxxxxxx -AUTOS ONLY -AUTOS ONLY s xxxxxxx B X UMBRELLA LIAB ~:CCUR 7014886953 05/01/202~ 05/01/202F EACH OCCURRENC E s 5 000,000 -B EXCESS LIAB LAIMS-MADE N N SIR aprlies per policy AGGREGATE s 5 000 000 B OED I X I RETENTIONS 1D,OOO terms conditions $ xxxxxxx WORKERS COMPENSATION X 1:;.~~TIIT~ I l"J~· B AND EMPLOYERS ' LIABILITY YIN 7012343895 !AOS) 05101 /2025 05/01/202~ B /\HY PROPRIETOR/PARTNER/EXECUTIVE [EJ N /A N 7012343881 CA) 05/01/202! 05/01/202f E l EACH ACCIDENT s 2 000 000 Of'FICEAAAE•<sER EXCI.UOEIP C (Mondoto,y In NH) 7012447142 AZ,MA,OR,WI) 05/01/202! 05/01/202€ E L DISEASE -EA EMPLOYEE s 2 000 000 If yn. descnbe I.Rf« DESCRIPTION OF OPERATIONS below E L DISEASE· POLICY LIMIT s 2 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remark1 Schedule, may be attached If more apace Is required) The Certificate Holder and other entities defined by wntten contract, statute, pennit apphcation or written agreement are additional insureds on a primary and non-contnbutory baSIS under general liability and are add1t1onal insured under automobile liability as required by written contract. Waiver of Sub<ogallon applies under general habihty and automobile liab1hty as required by written contract. ••see Attached Endorsements .. RV03XC073 / 1901 E BARISTO PALM SPRINGS, CA C ERTIFICATE HOLDER CANCELLATION !:>ee Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16977339 AUTHORIZED REPRESENTATIVE CITY OF PALM SPRINGS ATTN: CITY CLERK PO BOX 2743 ~n;d PALM SPRINGS, CA 92263 © 1~111h.Wl5 A CORu COR~UKATION. All rt Ihts reserved 9 ACORD 25 (2016/03) The ACORD name and l ogo a r e r egister ed marks of ACORD Attachment Code: D59 064 1 Ma ster ID : 1358772, Certificate ID: 16977339 0 LO<XTOtl CITY OF PALM SPRINGS ATTN: CITY CLERK PO BOX 2743 PALM SPRINGS, CA 92263 IMPORTANT NOTICE Dear Certificate Holder for T-Mobile and its subsidiaries (including Sprint): In our continued effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance going forward. To ensure future renewals of this certificate , we need your email addres s. Please contact us via one of the methods below. referencing Certifi ca te ID 16977339 •Email: st l -edeZ;very@ lockton.com •Phone: 314-812-3888 If we do not receive your email address via one of the above methods prior to the client's next renewal, we ·11 assume ou no loner need the cer t ificate. If you received this certificate through an internet link where the current certificate is viewable. we have your email and no further action is needed. The above ;nbox ;s for collecUng emaU addresses for renewal electron;c cerUNcate deUvery ONLY. You wn l not recefre a response from th;s jnbox. Thank you for your cooperation . Lockton Companies Lockton Compan ies ·1 hrcc Cit~ Pb1.c Dr l.iu1te 900 St Louts. \-10 611 -4 I-7088 3 14-4 32-0500 1 lockton.com Attachm~NA.278 Master ID: 1358772, Certificate ID: 16977339 I I POLICY HOLDER NOTICE -COUNTRYWIDE It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to th e last known mailing address of the Certificate holder on fi le with the Agent of Record will be sufficient to prove notice. Anv failure bv the Insurer to notifv such oersons or oraanizations will not extend or invalidate such This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another Form No: CNA75014XX (01-2015) Endorsement Effective Date: 05/01/2025 Endorsement No: Page: 1 of 1 Underwriting Company: Continental Casualty Company © Copyright CNA All Rights Policy No: 7012343900 Policy Effective Date: 05/01/2025 A C ORD• CERTIFICATE OF LIABILITY INSURANCE 5 ,1,2026 I DA TE (MM/DDIYYYY) ~ 04/11 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T HIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL I NSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, s ubject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder i n lieu of such endorsement(s). PRODUCER Lockton Companies, LLC 2~~i~c, Three C ity Place D r., Ste 900 RECEIVED r.~9N,t "·"· I~:,,~ .. _,. St. Louis M O 63141-7081 E~,!\,.. __ (314) 432-0 500 midwestcertificates@lockton.comMAY l 9 2025 INSURERISl AFFORDING COVERAGE NAIC # 1NsURER A : Con tine ntal Casualty Company 20443 INSURED T -M obile U S , Inc . INSURER e : T he Continen t al Insura nce Company 35289 H 358772 It s Subsidiaries a nd mcE OF THE CITY CLERK INSURER c : T ra nsnnrtation Insuranc e C omoanv 20494 in cluding Sprint Corp r lion INSURER O : 12920 SE 38t h Street Be lle vue WA 98006 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· 16980445 REVISION NUMBER· XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . N OTWITHSTAND ING ANY REQUIREMENT, TERM OR CON D ITI ON OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR M AY PERTAIN, THE INSURANCE AFFORDED BY T HE POLICIES DESCRIBED HER EIN IS SUBJECT TO ,. 1 THF T"" .. "' """"' 1 ,,.,,...,,.""'"co• nine NS, ,c "'''"'HP,..., ,,..,cs LI MITS SH01A"' MAY H""c ""''EN"""' "'ED Rv 0 "1D ,.., "'"'"'· INSR AOOL s ue, '1 P01LICY EFF l P0 1 LICY EXP LTR TYPE OF INSURANC E INS0 WVD POLICY NUMBE R MM/00/YYYY MM/0DIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY r u·1234 39uu u:,1 01 /2 02! 0 5/01 /ZUZt EAOI OCCU RRENCE s 10 000 000 -Q CLAIMS-MADE 0 OCCUR UAMAut ~ y.,~~_' cu s 10 000 000 --y y MEO EXP IAnv one -son, s 2 5 0 00 PERSONAL & ADV INJURY 5 10 000 000 'GE°N'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 20 000 000 ~POLICY□ jftr []]Loe PRODUCTS -COMP/OP AGG s 20 000 00 0 OTHER s A AUTOMOBI LE LIABILITY 7012 343878 05/01/2 02E 0 5/0 1/202E ' C10 MBINED SINGLE LIMIT s 5 000 000 -Ea accldenll X ANY AUTO BODILY INJURY (Per person) s xxxxxxx --OIMIED SCHEDULED y y BOOIL Y INJURY (Per accidenl) s xxxxxxx ,__ AUTOS ONLY -AUTOS HIR ED NON-OIMIED Ffe~~i;;:;l~AMAGE s xxxxxxx -AUTOS ONLY -AUTOS ONLY s xxxxxxx B X UMBRE LLA LIAB ~CUR 70148 8 6953 05/01 /202S 0 5/01/20 2F EACH OCC URRENCE s 5 000,000 -B EXCESS LIAB LAIMS-MADE N N S I R a pflies per policy AGGREGATE s 5 000 000 B OED I X I RETENTION s 10,000 terms conditions $ xxxxxxx WORKERS COMPENSATION X lsl::ruri: I l"E~· B ANO EMPLOYERS' LIAB ILITY YIN 7 0 12343895 i AOS) 05/01 /2 025 05/01 /2 02~ 8 AHV PROPRJETORIPARTNERIEXECUTIVE [BJ N I A N 701234 3 8 81 C A ) 05/0 1/2 02S 05/01 /202F E L EACH ACCIDENT s 2 000 000 OFFICER/1,IEMBER EXCI.UOED? C (Molldoto,y In HHI 70124471 4 2 AZ,M A ,OR,WI) 05/01/2025 051011202e EL DISEASE • EA EMPLOYEE s 2 000 000 w~ one,,t>ound« DESCRIPTION OF OPERATIONS"°""" E L DISEASE -POI.ICY LIMIT s 2 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICL ES (ACORD 101 , Add itional Remarko Schedule, may be atta ched II more apace Is required) The Certificate Holder and other entit ies defined by written contract, statute. permit applicat ion or written agreement are additional Insureds on a primary and no n-contributory bas,s under general liab1\oty and are add1toonal insured under automoblle loabllity as required by wntten contract Waiver of Subrogat 10n apphes under general loabll,ty and automobile loa b1hty as required by written contract .. See Attached Endorsements•• RV54XC4 07-C / 590 E RACQUET CLUB ROAD PAL M SPRINGS, CA CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16980445 AUTHOR IZE D REPRESE NTATIVE C ITY OF PALM SPRINGS ATTN : JIM RUN GE PO BOX 274 3 ~b;~(} P ALM SPR INGS, CA 9 2263 © l l:11111-ZUlS ACORu COR .... UKATI ON. All r1 1hts reserved g ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code : 0590641 Ma ster ID : 1358772, Certificate ID : 16980445 0 lOCJCl'OW CITY OF PALM SPRINGS ATTN: JIM RUNG E PO BOX 2743 PALM SPRI NGS. CA 92263 IMPORTANT NOTICE Dear Certificate Holder for T-Mobile and its s ubsidiaries (including Sprint): In our continued effort to provide timely certificate delivery , Lockton Companies is t r ansitioning to paperless delivery of Certificates of Insurance going forw a rd. To ensure future renewals of this certificate. we need your email address. Please contact us via one of the methods below, referencing Certificate ID 16980445 •Email: stl-edelivery@lockton.com •Ph one: 314-812-3888 If we do not re ceive your email address via one of the above meth ods prior to the c lient's ne xt renewal, we ill assume ou no lone r need the ce rtifi cate. If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further ac t ion is needed. The above inbox is for collecting email addresses for renewal electronic certihcate delivery ONLY. Yo u will not receive a response from this inbox. Thank you fo r your cooperation. Lo ckton Compa nies Lockton Companies I hree Cit) Place Dr '>t 1te 900 ~t Louts. \10 6) 141-7088 314-,0:2-0500 , lockton.com Atta chm~R/1..278 Master ID: 1358772, Certificate ID: 16980445 I POLICY HOLDER NOTICE -COUNTRYWIDE It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom t he Agent of Record has issued a Certificate of Insurance, and if the Ins urer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed , then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Anv failure bv the Ins urer to notifv such oersons or oraanizations will not extend or inval idate s uch This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said pol icy at the hour stated in said policy, unless another Form No: CNA75014XX (01-2015) Endorsement Effective Date : 05/01/2025 Endorsement No: Page : 1 of 1 Underwriting Company: Con tinental Casualty Company iCl Copyright CNA All Rights Policy No: 1012343900 Policy Effective Date : 05/01/2025 Vertical Bridge REIT, LLC 750 Park of Commeme Drive suite 200 Boca Raton, FL 33487 RETURN RECEIPT (ELECTRONIC) "I��Illlllt�I�'IIIIII�IIIII'IIIIII��'�'I��IIII'�I'll"III��IIIII City of Palm Springs City Clerk 3200 E. Tahquitz Canyon Road Pahn Springs, CA 92262 Reference Number: Total Postage: S6.13 verticalbridge Via Certified Mail: 9314 8699 0430 0095 4000 55 City of Palm Springs 3200 E. Tahquitz Canyon Road Palm Springs, CA 92262 Attn: City Clerk VB RUN, LLC c/o Vertical Bridge REIT, LLC Irk of Corni-tu I 1t L=c.a F;:�tc;is, t i 33d2c7 May 19, 2022 Re: Notice of Termination of Wireless Communications Facilities Site Lease dated July 24, 2014 (the "Agreement'), by and between Sprint PCS Assets, L.L.C., a Delaware limited liability company ("Original Ten ") and City of Palm Springs, a municipal corporation ("Landlord"), for the property located at 401 S. Pavilion Way, City of Palm Springs, CA (the `°tg"). VB Site ID: US-CA-5256 VB Site Name: Sunrise Dear Landlord: VB Run, LLC (successor -in -interest to Original Tenant) ("Vertical Bridge') is the current tenant under the Agreement or, if applicable, the manager under the Agreement on behalf of the current tenant. Vertical Bridge has decided to decommission this Site. This letter shall serve as official notice of Vertical Bridge's termination of the Agreement to be effective as of September 30, 2022. Vertical Bridge shall remove the applicable improvements at the Site pursuant to Section 8.3 of the Agreement. A Vertical Bridge representative will be contacting you further regarding this notice of termination. If you have any questions in the meantime, please contact Matthew Ricci at MRicci@verticalbridge.com or (561) 221-0989. When calling, please have the VB Site ID (above) available for reference. Very Truly Yours, Adam Ginder Vice President Attorney -in -Fact for Sprint PCS Assets, L.L.C. cc: Woodruff, Spradlin & Smart 555 Anton Blvd., Suite 1200 Costa Mesa, CA 92626 Attn: Douglas C. Holland, City Attorney Federal Express: 776891371034 h2ECEn ED CITY OF P: LH SPRINGS 2022 MAY 25 PM 12� 56 JFFICE OF T1�7 CITY CLEI . July 9, 2021 City of Palm Springs Attn: City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Site Address: 1901 Baristo Road, Palm Springs, CA 92262 Site ID: RV03XCO73 and Site Name: SUNRISE (the "Site") Wireless Communications Facilities Site Lease dated July 24, 2014 (including any amendments, the "Agreement') Tenant/Licensee: Sprint PCS Assets, L.L.C. (the "Tenant") Notice of Proposed Assignment and Request for Consent Ladies and Gentlemen: T-Mobile USA, Inc. and certain of its affiliates ("T-Mobile"), and Vertical Bridge NTCF, LLC and certain of its affiliates ("Buyer") are entering into a transaction involving a portion of T-Mobile's tower portfolio (the "Portfolio"), which Buyer will manage and operate on behalf of T-Mobile. T-Mobile acquired the Portfolio through its merger with Sprint, and the Portfolio includes the Agreement identified above. Buyer's management responsibilities will include, among other things, the payment of T-Mobile's monetary obligations under the Agreement and the performance of T-Mobile's maintenance and other non -monetary obligations under the Agreement. The transaction also entails Buyer's purchase of the Portfolio but before the purchase can occur, your consent to the assignment of the Agreement and/or subleasing of the Site back to Tenant may be required under the Agreement. Until such time as your consent is received, the Site will be managed by Buyer. Once your consent is received and the purchase is complete, the Site will become owned by Buyer, or its affiliate, VB RUN, LLC. T-Mobile hereby requests your consent to those matters. Please indicate your consent by signing below and return this original document back to me in the enclosed self-addressed, stamped envelope or a scanned copy via email. The second original should be retained for your records. If you require additional information, please feel free to contact us via phone at (858) 997-1868 or via email at LAguilar@md7.com. Promptly after the closing of the transaction occurs, the Buyer will notify you of the date of the closing. From and after the closing, the address to use for all notices under the Agreement is as follows: 10590 WEST OCEAN AIR DRIVE SUITE 300 SAN DIEGO, CA 92130 VB RUN, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attention: Asset Management With a copy to: VB RUN, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attention: SVP & General Counsel Email: dmarinberg@verticalbridge.com An informational brochure regarding Vertical Bridge is enclosed for your reference. It provides background information regarding the company and may answer some questions you may have regarding the transaction described above. If you consent to the matters described above, the only noticeable changes you will experience will be dealing with Buyer instead of T-Mobile on all matters relating to the Agreement and the Site, and effective as of July 1, 2021, you will receive rent checks from Buyer instead of T-Mobile. Thank you for your cooperation and prompt attention to this matter. Accepted and agreed: City of Palm Springs .•El".i .�1. .j Enclosures APPROVED AS TO FORM CITY ATTO CNEY Sincerely, T-MOBILE USA, INC. By: MD7, its authorized representative Name: Lizzy Aguilar Phone: (858) 997-1868 City of Palm Springs Community and Economic Development Department 32M E. Tahquitz Canyon Way • RAn Springs, California 92262 OF 760.323.8259 • Fax: 760.322.8325 • TDD 760.864.9527 • www.palmspringsca.gov July 12, 2021 VIA EMAIL MD7, LLC 10590 West Ocean Air Drive, Suite 300 San Diego, CA 92130 ATTN: Lizzy Aguilar LA ug ilarac md7.com Re: Consent to Assignment ("Consent") re: Wireless Communications Facilities Site Lease by and between the City of Palm Springs ("Lessor"), and Sprint PCS Assets, LLC, a Delaware limited liability company ("Assignor"), dated July 24, 2014 ("Lease") Dear Ms. Aguilar: Lessor and Assignor, as lessee, have entered into that certain Lease under which Lessor leased to Assignor the premises therein described being all or a portion of the parent tract commonly known as Sunrise Park and located at 1901 Baristo Road, Palm Springs, California 92262 (the "Premises"), and is more particularly described in the Lease. On April 1, 2020, Sprint Corporation merged with T-Mobile USA, Inc. ("T- Mobile"). On April 29, 2021, T-Mobile's authorized representative, MD7, LLC, provided notice to Lessor of T- Mobile's desire to assign to Vertical Bridge NTCF, LLC, a Delaware limited liability company ("Vertical Bridge"), or to Vertical Bridge's affiliate, VB RUN, LLC, a Delaware limited liability company ("Assignee") all of its right, title, and interest in, to, and under the Lease and the Premises under the provisions of the Assignment Agreement, between Assignor and Assignee (the "Assignment"), a copy of which is attached to this Consent as Exhibit A. Assignor and Assignee desire to obtain Lessor's consent to the Assignment and Lessor is willing to consent to the Assignment, such consent to be effective as of July 1, 2021, on the following terms and conditions: 1) Execution and Delivery of Assignment Agreement. In accordance with Section 14.1 of the Lease, within fifteen (15) business days of Assignor's receipt of this letter, Assignor shall provide either: (a) a fully executed copy of the Assignment Agreement, in the form attached hereto as Exhibit A; or (b) a fully executed copy of Assignor and Assignee's existing assignment and assumption agreement whereby Assignor assigns its interests in the Lease to Assignee, and Assignee accepts and assumes Assignor's rights, interests, and obligations under the Lease that is substantially similar to the Assignment Agreement attached hereto as Exhibit A, and copies of current financial statements for the proposed Assignee. Assignor shall provide Lessor with a fully executed electronic copy of the Assignment Agreement or similar instrument by email to Cit cy lerk@palmspringsca.gov with copy to diana.shay@palmspringsca.gov . Post Office Box 2743 - Palm Spring., California 92263-2743 Letter to L. Aguilar July 12, 2021 Page 2 2) Assumption and No Release. In accordance with the Assignment Agreement or similar instrument, Assignee shall expressly assume and agree for the benefit of Lessor to be bound by, and to perform and comply with, every obligation of Assignor under the Lease. 3) Subsequent Assignments. This Consent does not constitute a consent to any subsequent subletting or assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of Lessor under the terms and conditions of the Lease to any future assignment or sublease. Notwithstanding the foregoing, Lessor may consent to subsequent subleases and assignments of the Lease, or amend the Lease without notifying Assignor, and without obtaining their consent, and that action by Lessor will not relieve those persons of liability. 4) Attempted Subleases Void. In accordance with Section 14.2 of the Lease, Assignor and Assignee may not sublease any portion of the Premises, except to any wholly -owned subsidiary of Lessee. Nevertheless, Lessor, in its sole and absolute discretion, may consent to a proposed sublease of the Premises to any non -wholly -owned subsidiary of Lessee provided the parties memorialize such subleasing rights by amendment to the Lease and further provided that Assignee shall pay to Lessor at least forty percent (40%) of Assignee's gross rental revenues from all sublessees upon the Premises as a revenue share. 5) Default Under the Lease. In the event of any default of Assignee under the Lease, Lessor may proceed directly against Assignee, any guarantors, or anyone else liable under the Lease without first exhausting Lessor's remedies against any other person or entity liable under the Lease to Lessor. Notwithstanding the foregoing, any act or omission of Assignee or anyone claiming under or through Assignee that violates any of the provisions of the Lease will be deemed a default under the Lease by Assignor. 6) Entire Agreement. This Consent constitutes the final, complete and exclusive statement between the parties pertaining to the terms of Lessor's consent to the Assignment, supersedes all prior and contemporaneous understandings or agreements of the parties, and is binding on and inures to the benefit of their respective heirs, representatives, successors and assigns. 7) Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive, impair, or affect any of the covenants, agreements, terms, provisions, or conditions contained in the Lease. In addition, the acceptance of rents by Lessor from Assignee or anyone else liable under the Lease will not be deemed a waiver by Lessor of any provisions of the Lease. 8) Administrative Fee. In accordance with Section 14 of the Lease, within thirty (30) days following Assignor's receipt of this letter, Assignor will pay to Lessor a one-time payment in the amount of Five Hundred Dollars ($500.00) ("Administrative Fee") for processing and documenting this Assignment. This Administrative Fee is non -reimbursable. [Signature Page Follows on Next Page] Post Office Box 2743 0 Palm Springs, California 92263-2743 O NI Letter to L. Aguilar July 12, 2021 Page 3 With copy by email to: VB RUN, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attention: SVP & General Counsel Email: dmarinberg@verticalbridge.com Sincerely, ' Name] [Title] for th6 City of Palin Springs APPROVED AS TO FORM gG575 Post Office Box 2743 • Palm Springs, California 92263.2743 ensure that LESSOR is named as an additional insured and such additional insured certificate shall be provided to LESSOR prior to the commencement of any work. Such policies shall insure against liability for injury to persons and/or property and death of any person or persons which may occur as a result of or in connection with the existence of the Facilities and improvements in, on or about the Premises. 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS TO PREMISES: LESSOR shall have no duty or obligation to rebuild the Facilities or the improvements thereon if such Facilities or improvements are substantially damaged during the Term, in whole or in part by any casualty. LESSEE shall maintain, and if damaged during the term, shall reconstruct the Facilities at LESSEE's expense. 14. ASSIGNMENT AND SUBLEASING: 14.1 ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under this Lease or in the Premises without first obtaining the prior written consent of LESSOR, which consent shall be not unreasonably withheld, delayed or conditioned. LESSEE shall pay the City Five Hundred Dollars ($500.00) or such amount as the City Council may establish by resolution to (a) review and/or consent to any assignment or transfer of any of LESSEE's interests under this Lease or in the Premises or (b) to review, acknowledge, or consent to any other request of LESSEE for any other purpose. The transfer of the rights and obligations of LESSEE to a parent, subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity acquiring fifty-one (51%) or more of LESSEE's membership interests or assets, shall not be deemed an assignment and LESSOR's consent shall not be required for such transfer. Any assignment without LESSOR's consent (when such consent is required) shall be voidable and, at LESSOR's election, shall constitute cause for exercise of LESSOR's remedies under applicable law, including termination of the Lease. No consent to any assignment shall constitute a further waiver of the provisions of this section. Notwithstanding the foregoing, it is understood that LESSEE shall not be released from liability hereunder by virtue of any assignment. As a condition precedent to any such assignment which requires LESSOR's consent, LESSEE agrees to provide written notice to LESSOR of its intention to assign at least thirty (30) days before the proposed effective date of any such proposed assignment which notice shall include the identity of the proposed assignee, copies of the proposed assignment documentation and current financial statements of the proposed assignee. As a further condition precedent to any assignment, the assignee must assume, in writing, all of LESSEE's obligations under this Lease. 14.2 SUBLEASING: LESSEE shall not sublease any portion of the Premises except as expressly provided herein. LESSEE shall be permitted to sublease portions of the Premises to a wholly -owned subsidiary of LESSEE, provided LESSEE provides LESSOR with express written notice of such sublease. 9623715.1 MD7 November 11, 2021 City of Palm Springs Community and Economic Development Department Attn: Diana Shay, Redevelopment Coordinator 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92262 Re: Site Address: 1901 Baristo Rd, Palm Springs, CA 92262 Site ID: RV03XCO73 and Site Name: SUNRISE (the "Site") Dear Diana: Contents: 1. Two (2) original Copies of Exhibit A to Consent to Assignment Letter "Assignment Agreement, signed and notarized. 2. One (1) Check in the amount of $500.00 for the requested Administration Fee. Per your request, the documents have been scanned and sent to the City Clerk at cityclerk(d-)palmspringsca.gov and to you at diana.shay(aD-palmspringsca.gov. If you require additional information, please feel free to contact me via phone at (858) 997-1868 or via email at LAguilar@md7.com. Thank you for your cooperation and prompt attention to this matter. Warm Regards, Lizzy Aguilar, Lease Processor MD7, LLC Enclosures 10590 WEST OCEAN AIR DRIVE SUITE 300 SAN DIEGO, CA 92130 PREPARED BY AND WHEN RECORDED MAIL TO: VB RUN, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 Attention: SVP & General Counsel SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT This ASSIGNMENT ("Assignment") is made and entered into this g4-d) day of 2021 ("Effective Date"), by and between SPRINT PCS ASSETS, LLC, a Delaware limited liability company ("Assignor") and VB RUN, LLC, a Delaware limited liability company ("Assignee"). WITNESSETH WHEREAS, Assignor is the current lessee under that certain Wireless Communications Facilities Site Lease by and between the City of Palm Springs, as lessor, and Sprint PCS Assets, LLC, a Delaware limited liability company, as lessee, dated July 24, 2014 ("Lease"), the premises thereunder being a portion of the parent tract known as Sunrise Park and located at 1901 Baristo Road, Palm Springs, California 92262 ("Property"), which Property is more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, Assignor desires to assign to Assignee all of Assignor's rights, obligations, title and interest in, to and under the Lease, and any leases or agreements respecting in any way any communications facilities on the Property to which Assignor is a party (collectively "Assigned Agreements") and to convey to Assignee all of Assignor's property on the Property, and Assignee desires to accept such assignment and conveyance, in accordance with the terms hereof. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and sufficient consideration, Assignor and Assignee, intending to be legally bound, hereby agree as follows: 1. The recitals set forth above are incorporated herein by reference and made a part of this Assignment. 2. Assignor absolutely and irrevocably transfers and assigns to Assignee, as of the Effective Date, all of Assignor's rights, obligations, title and interest in, to and under the Assigned Agreements, including but not limited to (i) the right to receive all rents and other monies due to Assignor thereunder, including from any assignees or sublessees, and on all extensions thereof, and (ii) the right to modify, extend, expand and/or terminate the Assigned Agreements. 3. Assignee hereby assumes all of Assignor's rights, obligations, title and interest in, to and under the Assigned Agreements accruing on and after the Effective Date. 4. Assignor absolutely and irrevocably sells, transfers, conveys and delivers to Assignee, and Assignee hereby accepts from Assignor, as of the Effective Date, all of Assignor's rights and title to the communications tower, security fencing, shelters, and all other facilities, permits and/or property (real or personal) of Assignor located on the Property and any access and/or utility easements thereto (collectively "Facilities"). Assignor warrants to Assignee that (i) all Facilities were owned entirely by Assignor immediately prior to the conveyance to Assignee, (ii) Assignor has the right to convey all Facilities to Assignee, (iii) all Facilities conveyed to Assignee are free from all encumbrances other than the Assigned Agreements, and (iv) Assignor shall fully comply with all laws and regulations, including those of the FCC's Antenna Structure Registration System, to properly process the conveyance to Assignee hereunder. 5. Assignor acknowledges the adequacy and sufficiency of the consideration it will receive for the Assigned Agreements and Facilities. 6. Assignor shall indemnify, defend and save Assignee harmless from and against all liabilities, obligations, costs, expenses, claims, actions and damages related to the Assigned Agreements, Property and/or the Facilities to the extent the same reasonably relate to any period prior to the Effective Date. 7. Any reference to "lessor" or "lessee" or the like in this Assignment shall be interpreted broadly to include the appropriate term for such party in the context of the applicable underlying document. For example but without limitation, if a third party is referred to herein as "lessee" but the applicable underlying document is a license identifying such third party as a lessee, then "lessee" herein shall be deemed to mean "lessee" for such third party. 8. This Assignment may be recorded by any party in the books and records of the jurisdiction in which the Property is located, but the terms of this Assignment shall be effective regardless of whether any party so records. 9. This Assignment may be modified, amended or otherwise altered only in writing, signed by Assignor and Assignee, or their respective successors or assigns. 10. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors, heirs, executors, administrators and assigns. This Assignment may be assigned freely, in whole or in part, by Assignee and its successors and assigns. In the event Assignee encumbers, pledges or otherwise assigns its rights to the Assigned Agreements and/or Assignee's rights under this Assignment as collateral to secure any debt or other obligation of Assignee, (i) Assignor consents to such collateral assignment, (ii) the applicable holder of such collateral and its administrative agents shall be third party beneficiaries of such Assignor consent, and (iii) such Assignor consent may not be amended without the consent of the holder and its administrative agents. 11. If this Assignment is executed in several counterparts, all counterparts shall constitute one and the same instrument. Delivery of an executed counterpart of this Assignment by email, facsimile or other electronic transmission shall be equally as effective as delivery of a manually executed counterpart, provided, however, that any party delivering such executed counterpart by email, facsimile or other electronic transmission shall promptly forward a manually executed, original counterpart to the other party. 12. If any provision of this Assignment is held to be void, invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to be operative, valid and enforceable to most closely reflect the intent of the parties as expressed herein, or if such modification is not practicable, such provision shall be deemed deleted from this Assignment and the other provisions of this Assignment shall remain in full force and effect. [Signatures to immediately follow.] IN WITNESS WHEREOF, and intending to be legally bound, Assignor and Assignee have executed this Assignment. ASSIGNOR: Sprint PCS Assets, LLC, a Delaware limited liability company By: Printed Nark Title:enr�cefT�[c,C.�d��9YSo✓re,. STATE OF COUNTY OF -176 xq s SS: On this Z`i" day of D Lk6 b Cy- 2021, before me, a Notary Public, the undersigned officer, personally appeared who acknowledged himself/hersclf to be the authorized representative of Sprint PCS Assets, LLC and that he/she, as such representative, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his/her name on behalf of said corporation by herself as such representative. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ricardo Moh ;4 My comrMaion Expires Notary Public *44 01/18/2025 My Commission Expires: .... + 1D No 132874088 of 101 ASSIGNEE: VB RUN, LLC, a 111laware limited liability company jj Printed Name: Title: SVP & ( STATE OF FLORIDA SS: COUNTY OF PALM BEACH On this 20`' day of October, 2021, before me, a Notary Public, the undersigned officer, personally appeared Daniel Marinberg, who acknowledged himself/herself to be the SVP & General Counsel of VB RUN, LLC, and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing his/her name on behalf of said limited liability company by himself/herself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. QtL aftVL, dtA6 vv,/ NotatU Public My Commission Expires: to I2 t 12023 itJulie Ann Carson NOTARY PUBLIC STATE OF FLORIDA Comm# GG924624 s Expires 10/21/2023 C EXHIBIT A THE PROPERTY In Riverside County, California Legal Description: THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 25 and Westerly rectangular one-half of Lot 26 of Palm Valley Colony Lands in Section 13, Township 4, South, Range 4 East, San Bernardino Meridian, as per Map on file in Book 14, Page 652, of Maps, Records of said County. mc/,r-- July 27, 2017 City of Pam Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 RE: Wireless Communications Facilities Site Lease between City of Palm Springs ("Lessor"), and Sprint PCS Assets, L.L.C., ("Lessee"), dated July 24, 2014 (the "Lease"), with respect to the real property located at 1901 Baristo Road Palm Springs, CA 92262 ("Property"), Cascade No. RV03XCO73 Dear Sir or Madam: This letter is to advise you that it will be necessary within the near future for Lessee to make certain physical modifications to equipment within Lessee's Premises at the Property. These improvements are being undertaken in order to ensure the continued technical and economic feasibility of Lessee's Facilities, and are needed for Lessee to make optimal use of the Premises for the purposes intended by the Lease. As described below, these modifications should have no significant impact on Lessor's Property or operations. However, in accordance with the Lease, Lessee requests that Lessor acknowledge notice of, and consent to, the following modifications: Replacement and/or addition of electronic cabinets, antenna and other equipment within the existing Premises at the site. Lessor's acknowledgement of notice and consent will not increase the size or amount of space being used by Lessee under the Lease unless specifically stated above. Please indicate your acknowledgement and consent by signing below and returning one copy of this letter to me at the address set forth above. Thank you in advance for your prompt attention to this matter. Regards, / / 1 By: U Antonette Paguio,Project Manager Md7 LLC an authorized representative of Sprint Nextel (858) 964-7413 apaguio!ruImd7.com ACKNOWLEDGED AND AGREED TO: City of Palm Springs { Printed AName: ill tt, Tide: Cam_ Date: �i/ 201 (Date must be completed) ATTEST. i»JCwI►K City Clerk Unllord Conscnt Letter template.Project Vision 7 Revised 6,10,1 1 EpALMS.o _k° Q'ti City of Palm Springs u N Department of Planning Services O•rou�••'• • 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262 cQ0F0R�*4P Tel:(760)323-8245 • Fax:(760)322-8360 • Web:wwwpalmspnngsta.gov September 25, 2017 Mr. Justin Causey Md7, Inc. on behalf of Sprint 10590 West Ocean Air Drive, Suite 300 San Diego, California 92130 RE: Case No. 5.1106 MAA; 1901 E. Baristo Road Request to modify existing wireless facility Dear Mr. Causey, Thank you for submitting the Minor Architectural Application (MAA) for the property located at the above address. Specifically, you are seeking approval to modify an existing Sprint wireless communication facility installed on a stadium light standard. Proposed changes include the following: 1. Remove (6) panel antennas, but retain (9) remote radio heads (RRHs); 2. Install (9) tri-band panel antennas—three per sector; 3. Install (12) RRHs —four per sector; 4. Install (2) microwave dishes; and 5. Install new cables and modify associated equipment, Staff has reviewed the request in accordance with Sections 94.02.00 and 93.23.08 of the Palm Springs Zoning Code, and has determined that the proposed modifications to the existing monopole will not have a visual impact on the immediate area as the antennas will (1) replace previously existing equipment and (2) be painted to match the existing adjacent color. From this analysis, your request is APPROVED, subject to the attached conditions of approval. If you have any questions about this letter, please contact me or Associate Planner David Newell at (760) 323-8245 or david.newellCcilRalmspringsca.gov. Sincerely, . <�vi 5Flinn Fagg, AICP Director of Planning Services Attachment: Conditions of Approval Post Office Box 2743 • Palm Springs, California 92263-2743 EXHIBIT A MG LLC for Sprint 5.1106 MAA 1901 E. Baristo Road September 25, 2017 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1106 MAA, except as modified by the conditions below. ADM 2. Reference documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, and exterior materials and colors on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all codes and regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor - deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1106 MAA. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to Conditions of Approval Page 2 of 3 Md7,LLC for Sprint September 25.2017 Case 5.1106 MAA promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the Citys decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owners} and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. The time limit for commencement of construction under an architectural approval shall be two years from the effective date of approval. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. PLANNING DEPARTMENT CONDITIONS PLN 1. _Monopole Repair and Maintenance. The City may, after determination of disrepair, require the owner/operator of the monopole to replace, repair, and/or repaint any portion of the existing antennas. Additionally, the City may, after determination of disrepair, require the owner/operator of the monopole to repaint any portion of the pole. PLN 2. Outdoor Lighting Conformance. Exterior lighting must conform to Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning Code. PLN 3. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. Conditions of Approval Page 3 of 3 MG.LLC for Sprint September25,2017 Case 5.1106 MAA PLN A. Modification or Addition. If the communication antenna(s), monopole or equipment cabinets are ever proposed to be modified in any manner such as the Inclusion of other antennas, satellite dishes and / or other .support equipment, the proposed modifications shall be submitted to the Director of Planning Services for review and approval prior to installation. PLN 5. Obsolete Technology. If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antennas shall be removed. PLN 6. Valid Lease Agreement Reguired. If the lease agreement between the property owner and the tower owner or applicant expires and / or is not renewed, then the antenna and associated equipment shall be removed. PLN 7. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 8. Owner Authorization. Prior to issuance of building permit, the applicant shall provide proof of owner authorization to complete the work to the Director of Planning Services. BUILDING DEPARTMENT CONDITIONS BLD 1. Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS 4rvP roT..D[oA. PROJECT INFORMATION: SHEET INDEX:TOWER INFORMATION APPLICANT aIPE1 ulnrorsfPnml lnww Sp 1�.j 1 nt "I NM ~ 1RlRR a --- - - .Ww ' PROJECT: IAIILLE wtM'll'21m1! 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WASM , rF M "liom w A M9 M11012 M.ID Mf 97am M N OR M PRW1fY IfM PIm6S5 N[lIM[ NIIur.� —{ M COrN=R BARIICL CM3? "MO s K 9aNCT m APNONL M M PRURAIY 60; NC DI WWO3 s� ]`lI_ ,+•, NNvnl RV03XC073 m M Eoatn�9N+L Pln\+DC m-slrt ANw1 Rrsvnna MR cmlo N OF la 1RXC ..:.. (Cal ,ML TRtal 9vu x COW=01 A OWY fKTb e�wPP _�___,_____ v. 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Iee-� FULLERTON °I ewe+e een�a oesDry PLAN VIEW SIDE VIEW F7iGNT VIEW i a ALU - 80OMHz RRU r9[oliacr Luc[ 1ex.t7re60 l+n Ratan ss w. {.♦- 'J'/[�'YY J KwF mm w w�Lass Fn -t.(t0 F K D(Ya0f1 n 1KlK p.[M[r,u0 qurae�rE�D NN A[NLIm V�,f Fall�K[L ♦ ./-�• 1 z1A• PLAN VIEW SIDE VIEW FRONT YIEW +y.9E[ In KMW - EICR-854LI2tM rT'z U925 Y (EVA) UaTucu DDWHru uemoll .z„. RAH SPECS ux[.u I rR[O9uAT RAWL 7[orrzw ul, CMt r ram u.nusr.st OIAI1Py ILI W ArFm CAIIa gE ICAL PROPERTIES: W4 Allow plt n LL I Ax wwocr� adn 101) y tlnsl 000.Lm.N mngnrlRm Yl .80 klk] M[P(ILgeRRgsreRel ArA W[Rers •t PMNK[new W. wnw RblrL, In nN11MWa mlmelons RVVr[P1J�gM u 1- (OR..J) m/ M fl[N1 I11Da :rvvv W 1?D ICALP PROPERTIES: MC[qnu L9MTIROR pyl N/1=rr) Ra ell-NO O /,,_. Ieeo-Iotl llw- \ R[vo 141 i>ss o 3i� a 7,E FIBER OPTIC PROPERTIES: �( iI 1" 130 \ mo-Lcanc CC .(yyn, V ally parr 'rsa In N44 i�sr�l o �/: 4• ��0 '[l0�, RV03XCU73 ♦ _. a InC A'C M"RE J L Naazss. R�L St-9 AC ran) .O.�p � I of '�S` '� 1901 BARISM RD HYBRID RRH HYBRID CABLE,MULTI-MODE FIBER PALM SPRINGS,CA R,,,_; __[,, 92M2 ASSEMBLY MODEL DESCRIPTION uw1 (mew) F LENGTH FT NUMBER is lei1.-m 12-mal AN Veit¢IM sAT-K'O[ro u ll.�.3 o OM[CIP6 BOfN1t 1/ec O.]aQ106 KMW - ETC R-fi5aL12Hfi DO MACRO m 1e11.-muv 12x m eRl9 a.,Lm u lm[r om,W:y r mrLxlgcc LormN 1L m cv.I[nas UPGRADE m Ie1N-00Jl 112-9 sa nr9 Q IM WLTI-wa rWL m:a l [camas Wim ,e It ca.RTus weal STALL 100 letfl-OLU111x-1001 xm erC OC.,MR lun-lm[rle[R IW 3 wv WIfLIMi Po*Thc is it mKnorrs Its ±11.-Oal.Lllt-nY .sn Aa(c oa I"uan-e TOM>�y r curmda a 10 W C9INILILRs INSTALLATION SPECS ISO 1e11(-auvlu-IW t+R esO a,ILm Ml&- FAM irr 3 I!a C0fdX eRS LOnhh 18 re G9.RTCR4 AND EQUIPMENT 175 FB1I(-09USM!x-11Y Al 6W=lW sAn-IGl[r RY) ll 10 W les1l.-oe 12-Sq+1 � FINALRlo1 y M =W=TCn f CARLE SPECS a`rr r": 2 ANTFSNA SPECS ASDPOATCONFIGUkAT109 a sI IIIa,TCl/7q}AN7.WLI CITY OF PALM SPRINGS WIRELESS COMMUNICATIONS FACILITIES SITE LEASE This Communications Site Facilities Lease (the "Lease") is made and entered into this� day of , 2014, by and between the CITY OF PALM SPRINGS (herein "LESSOR" or "City"), atid Sprint PCS Assets, L.L.C. (herein "LESSEE"). LESSOR and LESSEE are at times hereinafter collectively referred to as "Parties" or individually as the "Party". RECITALS WHEREAS, LESSOR is the fee title owner of property located at 401 S Pavilion Way, in the City of Palm Springs, California (the "Property") described more particularly in Exhibit A attached hereto, which description is fully incorporated herein by this reference; and WHEREAS, LESSEE desires to lease space on the Property from said LESSOR on the terms and conditions herein in order to install and operate a digital mobile radio telecommunications site consisting of Site Number RV03XC073, as more fully described hereinbelow and Exhibit C (the "Facilities"). LEASE NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Lease do hereby agree as follows: 1. LEASED PREMISES: 1.1 DEMISE: LESSOR leases to LESSEE a portion of the Property as more particularly described in Exhibit B (the "Premises"), attached hereto and incorporated herein by this reference. 1.2 LESSEE ACCESS: LESSOR shall provide LESSEE, LESSEE's employees, agents, and subcontractors access to the Premises after LESSEE provides LESSOR with 24 hours notice. Provided, however, that in the event of an "emergency or special circumstance", which would leave the Facilities inoperable during normal non-business hours, LESSEE may access the Property to make necessary repairs and shall provide notice to LESSOR as soon as reasonably practicable. For purposes of this Lease, the phrase "emergency or special circumstance" shall be interpreted to mean automobile accidents and natural disasters, including, but not limited to flooding, wind, and earthquakes. 2. USE OF LEASED PREMISES: To the extent provided in this Lease, LESSEE may use the Premises to facilitate provision of wireless communication services, including the transmission and the reception of communication signals of various frequencies. Subject to the terms and conditions of this Lease, LESSEE may install, construct, maintain, repair, replace and operate on the Premises the communications and other facilities depicted and/or described in general in ,a�r. 1 t�11'1 963315.1 ,•,,- -. . . Exhibit C, attached hereto and incorporated herein by reference, as approved by LESSOR in writing prior to taking such actions. To the extent reasonable, LESSOR shall cooperate with LESSEE in applying for and obtaining all licenses, permits, and any and all other necessary approvals that may be required for LESSEE's use of the Premises. 3. LEASE TERM: 3.1 INITIAL TERM: The initial term of this Lease shall commence on the date LESSEE obtains all permits necessary allowing LESSEE the right to construct the Facilities (the "Commencement Date") and shall continue for five (5) years from that date (the "Initial Term") unless terminated earlier pursuant to Section 8 hereinbelow. 3.2 RENEWAL TERM: LESSOR grants LESSEE an option to renew this Lease for an additional five (5) years ("Renewal Term"). This Lease shall automatically renew for the Renewal Term unless LESSEE provides LESSOR notice of its intention not to renew not less than thirty (30) days prior to the expiration of the Initial Term. The Initial Term and the Renewal Term shall be collectively referred to herein as the "Term." 4. PAYMENT OF RENT: At the Commencement Date, LESSEE agrees to pay to LESSOR, the amounts set forth in this section, each month in advance, on the first of each month, as rental for the Premises for the Term of the Lease, payable to the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, Attn: Accounts Receivable, Finance Department. In addition, LESSEE agrees to do and perform all other covenants and agreements contained in this Lease. 4.1 BASE RENTAL PAYMENT: The Base Rental Payment under this Lease shall be determined based upon the number of wireless communications carriers operating equipment on the Facilities. LESSEE shall pay LESSOR $2950.00 per month for each month in which there is one carrier or no carriers operating wireless communication equipment on the Facilities ("Facility Component"). In addition, LESSEE shall pay LESSOR an additional $1,000.00 per month for each carrier operating wireless communication equipment on the Facilities beyond the first carrier ("Additional Carrier Component"). The sum of the Facility Component and the Additional Carrier Component shall be referred to as the "Base Rental" herein. If the Commencement Date is a date other than the first day of the month, the Base Rental for the first calendar month shall be paid on the Commencement Date and prorated on the basis of the number of actual days in such partial month. 4.2 COST OF LIVING ADJUSTMENT: The Base Rental shall be automatically adjusted on each anniversary of the Commencement Date in i) an amount equal to the increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics (1982-1984 = 100) [the "CPI"] for "All Items - All Urban Consumers", for the Los Angeles-Anaheim-Riverside Metropolitan Statistical Area, during the preceding twelve (12) month period; or ii)three percent (3%), whichever is greater. The base month for increases under 962315.1 this section shall be the most recently measured twelve (12) month period prior to the commencement of each annual anniversary of the Commencement Date. 4.3 LATE CHARGE: LESSEE acknowledges that late payment by LESSEE to LESSOR of Base Rental will cause LESSOR to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any installment of Base Rental due from LESSEE is not received by LESSOR within ten (10) days of becoming due, LESSEE shall pay to LESSOR an additional sum of three percent (3%) per month of the overdue Base Rental as a late charge. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that LESSOR will incur by reason of such late payment by LESSEE. Acceptance of any late charge shall not prevent LESSOR from exercising any of the other rights and remedies available to LESSOR. 4.4 ADDITIONAL CONSIDERATION: As consideration to the LESSOR for entering into this Lease, in addition to the rental payments specified above, within sixty (60) days of the Commencement Date of this Lease, LESSEE shall pay to the LESSOR the one-time sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500), which shall be deemed the cost to LESSOR of the legal fees and administration required to consider, negotiate, and enter into this Lease. Such payment shall not be refunded or reimbursed to LESSEE for any reason, regardless of whether LESSEE terminates the Lease pursuant to its provisions or proceeds with construction of the Facilities. 5. PROPERTY TAXES: LESSEE recognizes and understands that this Lease may create a possessory interest subject to property taxation pursuant to Revenue and Taxation Code section 107.7 and that LESSEE may be subject to the payment of property taxes levied on such interest. LESSEE shall timely pay all property taxes and assessments directly attributable to LESSEE's possessory interest. In no event shall LESSOR be liable for any taxes owed as a result of this Lease. If LESSEE fails to make property taxes and assessments when due, LESSOR may, but shall not be obligated to, pay such amounts, and LESSEE shall reimburse LESSOR all such amounts plus LESSOR's administrative costs of such payments and collection costs if any. 6. LESSOR INSPECTION AND ENTRY; ACCESS FOR INSPECTIONS: 6.1 LESSOR and/or its authorized representatives shall have the right to enter the Premises upon reasonable prior notice to LESSEE (which shall not be less than twenty-four (24) hours unless the LESSOR determines that exigent circumstances warrant a shorter period of time, so long as such entrance does not unreasonably interfere with LESSEE's use of the Premises): A. To determine whether the Premises are in good condition and whether LESSEE is complying with its obligations under this Lease. 9G?315.1 B. To do any necessary maintenance and to make any restoration to the Premises that LESSOR has the right or obligation to perform. C. To serve, post, or keep posted any notices required or allowed under the provisions of this Lease. D. To run electric or telephone conductors, pipes, conduits, or ductwork where necessary or desirable over, under, or through the Premises in a manner which will not unreasonably interfere with LESSEE's use of the Premises. 6.2 LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss of business, or nuisance arising out of LESSOR's entry on the Premises as provided in this section, except for damage resulting from the acts or omissions of LESSOR or its authorized representatives. LESSEE shall not be entitled to an abatement or reduction of rent if LESSOR exercises any rights reserved in this section. 7. CONSTRUCTION AND MAINTENANCE OF FACILITIES AND PREMISES: TI LESSEE'S CONSTRUCTION: LESSEE shall have the right to install, construct, maintain, repair, replace, and operate the Facilities on the Premises that are depicted in Exhibit C. The Parties intend that the antennas and appurtenances related thereto which are a part of the Facilities shall be constructed and maintained (1) on a light pole located on the Property; (2) in such manner as to make the cabinetry blend into the surroundings; and (3) in such a manner that the Facilities will not interfere with the LESSOR's use of the Property for parks and recreation purposes. Therefore, construction by LESSEE of any improvement, structure or work on the Premises shall be permitted only upon the express written consent of the LESSOR, which LESSOR may either grant or withhold in its reasonable discretion. 7.2 CONSTRUCTION OF IMPROVEMENTS: All improvements to the Premises shall be made in a good and workmanlike manner, at LESSEE's expense, in accordance with the requirements of all laws, ordinances, and regulations applicable thereto, including zoning requirements and building code requirements of the City of Palm Springs, and any municipal or other governmental agency having jurisdiction over the Premises and Facilities at the time the improvements are constructed. LESSOR agrees to cooperate with LESSEE in connection with applying for any municipal permits for the construction of the aforementioned improvements. It is understood and agreed that such cooperation shall not be implied to include any expenditures of funds on the part of LESSOR or any implied promise or warranty that such permits, discretionary, or otherwise, will be issued to LESSEE. LESSEE shall provide reasonable notice to the LESSOR prior to entering the Premises for purposes of constructing the Facilities, and shall coordinate the scheduling and logistics of same with the LESSOR to avoid any interference with the LESSOR's operations. Once construction commences, any and all improvements made by LESSEE with respect to the installation of the Facilities shall be diligently pursued to completion. 96?315.1 7.3 MECHANIC'S LIENS: LESSEE shall not allow or permit to be enforced against the Premises, or any part thereof, and shall defend, indemnify, and hold LESSOR harmless from any mechanic's, material suppliers', contractors', tax, or subcontractors' liens arising from any claim, for damage, or growing out of the work of any construction, repair, restoration, replacement, or improvement made by or alleged to have been made by or on behalf of LESSEE. LESSEE shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Premises. If LESSEE shall in good faith contest the validity of any such claim, lien, or demand, then LESSEE shall, at its expense, defend itself and LESSOR against same and shall pay and satisfy any settlement or adverse judgment that may be entered thereupon prior to the execution thereof. In the event of any such contest, LESSEE shall provide LESSOR with a security bond in a form and amount LESSOR deems sufficient to allow the lien of record to be discharged as a matter of law. 7.4 CARE DURING CONSTRUCTION: LESSEE shall exercise great care during construction. All applicable City standards and specifications shall be followed. LESSOR's Public Works Director shall approve all work in writing prior to commencement. 7.5 LESSEE MAINTENANCE OF FACILITIES AND PREMISES: LESSEE's maintenance of the Facilities and Premises shall include, but is not limited to: A. Maintenance of all landscaping installed by LESSEE, if any; B. Repairs and/or replacements to LESSEE's Facilities caused by acts of third parties, including theft, graffiti, and intentional acts; C. Maintaining, in good, clean, safe, and sanitary condition and repair, all of LESSEE's personal property. All Facilities on the Property must be maintained in a first-class condition without rust, paint, or surface deterioration. All maintenance must conform to the standards utilized by LESSOR; and D. All work necessary to comply with Federal, State, County, municipal, and other governmental agencies and bodies having jurisdiction. 7.6 RELOCATION: In the event relocation is necessary due to public improvements, LESSEE will pay for relocation, provided that LESSOR provides a suitable alternate location for the Facilities at the Property. LESSEE shall relocate the Facilities within six (6) months of LESSOR's notice thereof. 7.7 ABANDONMENT: If use of the Facilities is abandoned for at least two (2) months, LESSEE or its designee shall be responsible for removing the Facilities and returning the Premises to their original condition as approved by LESSOR. LESSOR shall provide notice to LESSEE of said abandonment. In the event 9623 15 1 LESSEE fails to comply with this provision in regard to the removal of the Facilities and restoration of the Premises within ten (10) days of said notice, LESSOR shall have the right to remove the Facilities and LESSEE relinquishes any and all rights thereto, said Facilities shall become the property of LESSOR by virtue of LESSEE's abandonment hereunder. 8. TERMINATION: 8.1 LESSOR'S RIGHT TO TERMINATE: A. LESSOR may pursue any remedies available to it under applicable law, including, but not limited to, the right to terminate this Lease, upon the earliest of any of the following events: I. LESSEE's failure to pay rent within fifteen (15) days of the date such payment is due; 2. LESSEE's failure to comply with any term, covenant, or condition of this Lease after LESSEE has been given written notice of the violation and has had thirty (30) days to cure same or, if such default is not curable within such thirty (30) day period, has not proceeded to commence such cure within such thirty (30) day period and diligently proceeds to completion; 3. Interference by the Facilities with other electrical or radio frequency equipment installed on or around the Property, which interference is not cured by LESSEE within ten (10) days following written notice thereof; or 4. Interference with LESSOR's operations, or use of the Property by LESSOR or third parties after LESSEE has been given written notice of the violation and has had thirty (30) days to cure same or, if such default is not curable within such thirty (30) day period, has not proceeded to commence such cure within such thirty (30) day period and diligently proceeds to completion. B. Additionally, upon a finding by LESSOR's City Council that the Premises are needed for other public purposes, LESSOR shall have the right, after the expiration of the Initial Term, to terminate this Lease without liability upon one (1) year's written notice of termination to LESSEE. 8.2 LESSEE'S RIGHT TO TERMINATE: LESSEE may terminate this Lease due to LESSOR's failure of proper ownership or authority, or in the event of LESSOR's default hereunder. 8.3 RETURN OF PREMISES UPON TERMINATION: Except as otherwise provided herein, LESSEE shall at its sole expense remove all of LESSEE' Facilities within 962315.1 sixty (60) days following expiration or termination of this Lease. Upon the expiration or termination of this Lease, LESSEE shall surrender the Premises to LESSOR in a condition at least as good as existed on the date LESSEE executes this Lease, less ordinary and reasonable wear and tear. The Parties intend that LESSEE shall not remove or destroy any improvements to the Premises that, subsequent to surrender of the Premises by LESSEE, will benefit or be of use to LESSOR. Therefore, upon expiration or termination of this Lease, LESSOR may request that LESSEE not remove or destroy all or any portion of the LESSEE's Facilities, and, except for any electrical (other than lighting), mechanical, computer, or similar equipment (including antennas), LESSEE shall not remove the portion of the LESSEE's Facilities that is the subject of LESSOR's request. LESSEE shall thereafter execute any and all documents as are reasonably required to evidence that title to such improvements have been transferred to LESSOR, in their "as-is" condition. 9. INTERFERENCE: 9.1 LESSEE'S OBLIGATIONS: Prior to occupancy of the Premises and operation of the Facilities by LESSEE or its agents, assigns or LESSEE's employees, LESSEE agrees to: A. Submit to LESSOR, within forty-five (45) days prior to operation, proposed plans for antenna type and size, along with operating frequencies, effective radiated power, and other necessary on-air technical data at LESSOR's discretion for LESSOR's review and approval. If LESSOR does not respond in writing to LESSEE within ten (10) days following LESSEE'S request for approval, such request will be deemed to have been approved by LESSOR. B. Install or cause to be installed, all equipment according to generally accepted standard engineering practices and in a good and workmanlike manner. C. Use all feasible efforts to investigate the cause of, and mitigate any interference caused by, LESSEE on existing radio frequency equipment of LESSOR following written notification of interference from LESSOR. 9.2 SUBSEQUENT PROPERTY LEASES: LESSOR agrees to include in all leases between LESSOR and future lessee's of the Property a covenant that the lessee shall not interfere with other electrical or radio frequency equipment previously installed on the Property and that if the lessee is not able to mitigate the interference, the lease shall provide for termination thereof. Likewise, LESSOR will not permit or allow the installation of any future equipment which (i) results in technical interference problems with LESSEE's then existing equipment or (ii) encroaches onto the Premises. 9621 s.l 9.3 NON-INTERFERENCE: The communication equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by LESSOR or other occupants of the Property existing as of the Commencement Date, except as may be permitted by applicable laws; provided, however that subsequent to the installation by LESSEE of the Facilities, LESSOR agrees not to install and to exercise commercially reasonable effort to not allow installation of new equipment on the Premises if such equipment causes interference with LESSEE's operations. All interference claims shall be settled in accordance with the then prevailing interference rules and regulations promulgated by the Federal Communications Commission. 10.0 DESTRUCTION OF PREMISES: If either the Premises or the Property is destroyed or damaged as a result of a catastrophic event to the extent that, in LESSEE's reasonable discretion, LESSEE may no longer use the Premises for the intended purposes, LESSEE may elect to either: A. Terminate this Lease, effective upon the date of the damage or destruction, by delivering written notice within ninety (90) days of the date of the damage or destruction and a request to terminate; or B. Upon consent of LESSOR, which shall not be unreasonably withheld, conditioned or delayed, use a portion of the Premises specified by LESSOR for provision of Communication Services on a temporary basis until such time as the LESSEE's Facilities on the Premises are repaired or reconstructed so that LESSEE can resume the provision of Communication Services from the Premises. If LESSEE elects to continue this Lease and in the event that LESSOR unreasonably delayed its consent for LESSEE to install the temporary facility in order for LESSEE to continue its operation, Rent shall abate for the period of non-use. Any such repair or reconstruction shall be completed in an expeditious manner. 11. UTILITIES AND PROVISION OF SERVICE: LESSEE shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on, and about the Premises all facilities necessary to supply thereto all electricity, telephone, and other similar services required to service the Premises. LESSOR shall allow LESSEE to have its own electrical metering equipment installed. LESSEE shall obtain all necessary approvals for the installation of the meter. An electrical plan shall be submitted to LESSOR for approval, which approval shall not be unreasonably withheld, conditioned or delayed prior to commencement of such work. LESSOR agrees to cooperate with LESSEE in its efforts to obtain such utility service. During the Initial Term and the Renewal Term, LESSEE agrees to pay directly to the servicing utility when due all charges for electricity, telephone and all other utility services of every kind and nature supplied to and used by LESSEE on the Premises or for the Facilities. LESSOR shall be responsible for its electrical and other utility service and for the regular payment of electrical and other utility charges attributable to the Property other than the Premises. 12. INDEMNIFICATION AND INSURANCE: 12.1 INDEMNIFICATION: Neither LESSOR nor any other officer or employee of LESSOR shall be responsible for any damage or liability occurring by reason of 962315.1 any acts or omissions on the part of LESSEE or its officers or employees under or in connection with any activities under this Lease. It is also understood and agreed that to the fullest extent permitted by law, LESSEE shall indemnify, defend (with counsel reasonably acceptable to LESSOR), protect and hold harmless LESSOR and its officers, agents and employees ("LESSOR's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs) arising at any time directly or indirectly from or in connection with (i) any default in the performance of any obligation by LESSEE to be performed under the terms of this Lease, (ii) LESSEE's use of the Premises, or (iii) the conduct of LESSEE's business or any activity, work or things done, permitted or allowed by LESSEE in or about the Premises, except to the extent caused by LESSOR or LESSOR's Parties' sole negligence or willful misconduct. The obligations of LESSEE under this section shall survive the expiration or earlier termination of this Lease. 12.2 ASSUMPTION OF RISK: LESSEE, as a material part of the consideration to LESSOR, hereby assumes all risk of damage to the Premises, including, without limitation, injury to persons in, upon or about the Premises during LESSEE's use of the Premises, arising from any use of the LESSEE's Facilities or other activities of LESSEE or LESSEE's agents, employees, guests, tenants, subtenants, licensees, contractors, or invitees (collectively "LESSEE's Parties") on the Premises. LESSEE hereby waives all claims with respect thereof against LESSOR, except as otherwise stated in this Lease. LESSOR shall not be liable for any injury to LESSEE's Facilities, Premises, or injury to or death of any of LESSEE's Parties, or injury to LESSEE's Facilities, or injury to or death of any other person in or about the Premises from any cause unless caused by the sole negligence or willful misconduct of the LESSOR or LESSOR's Parties. 12.3 INSURANCE: A. Casualty Insurance: During the term of this Lease, LESSEE shall, at its sole cost and expense, keep LESSEE's interest in the Premises and the Facilities, including any improvements thereon both in the course of construction and through the remainder of any term of this Lease, insured by responsible insurance companies, licensed to do business in the State of California or self insurer, against loss or damage by fire and other such casualties as are included in extended coverage. Such coverage shall include stipulated value, vandalism and malicious mischief endorsements, in such amounts so as to provide for the then actual replacement cost of all improvements on the Premises. B. LESSEE agrees, at its sole expense, and at all times during the term of this Lease, to maintain in full force, or cause to be maintained in full force, a policy or policies of comprehensive general liability insurance in an amount of TWO MILLION DOLLARS ($2,000,000.00), including property damage, written by one or more responsible insurance companies licensed to do business in the State of California or a self insurer. LESSEE shall 96'_3li_1 ensure that LESSOR is named as an additional insured and such additional insured certificate shall be provided to LESSOR prior to the commencement of any work. Such policies shall insure against liability for injury to persons and/or property and death of any person or persons which may occur as a result of or in connection with the existence of the Facilities and improvements in, on or about the Premises. 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS TO PREMISES: LESSOR shall have no duty or obligation to rebuild the Facilities or the improvements thereon if such Facilities or improvements are substantially damaged during the Term, in whole or in part by any casualty. LESSEE shall maintain, and if damaged during the term, shall reconstruct the Facilities at LESSEE's expense. 14. ASSIGNMENT AND SUBLEASING: 14.1 ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under this Lease or in the Premises without first obtaining the prior written consent of LESSOR, which consent shall be not unreasonably withheld, delayed or conditioned. LESSEE shall pay the City Five Hundred Dollars ($500.00) or such amount as the City Council may establish by resolution to (a) review and/or consent to any assignment or transfer of any of LESSEE's interests under this Lease or in the Premises or (b) to review, acknowledge, or consent to any other request of LESSEE for any other purpose. The transfer of the rights and obligations of LESSEE to a parent, subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity acquiring fifty-one (51%) or more of LESSEE's membership interests or assets, shall not be deemed an assignment and LESSOR's consent shall not be required for such transfer. Any assignment without LESSOR's consent (when such consent is required) shall be voidable and, at LESSOR's election, shall constitute cause for exercise of LESSOR's remedies under applicable law, including termination of the Lease. No consent to any assignment shall constitute a further waiver of the provisions of this section. Notwithstanding the foregoing, it is understood that LESSEE shall not be released from liability hereunder by virtue of any assignment. As a condition precedent to any such assignment which requires LESSOR's consent, LESSEE agrees to provide written notice to LESSOR of its intention to assign at least thirty (30) days before the proposed effective date of any such proposed assignment which notice shall include the identity of the proposed assignee, copies of the proposed assignment documentation and current financial statements of the proposed assignee. As a further condition precedent to any assignment, the assignee must assume, in writing, all of LESSEE's obligations under this Lease. 14.2 SUBLEASING: LESSEE shall not sublease any portion of the Premises except as expressly provided herein. LESSEE shall be permitted to sublease portions of the Premises to a wholly-owned subsidiary of LESSEE, provided LESSEE provides LESSOR with express written notice of such sublease. 962315.1 14.3 COLLOCATION: LESSEE shall cooperate with future communications operators that would request collocation as long as there is no adverse impact on LESSOR from an operational, maintenance, and repair standpoint. 15. RENEWAL/HOLDING OVER: Upon the expiration or termination of this Lease, LESSEE shall surrender the Premises to LESSOR. If LESSEE shall remain in possession of the Premises after the expiration or termination of the Lease, with the consent of LESSOR, either express or implied, such holding over shall be construed to create a month to month tenancy subject to all the covenants, conditions, and obligations hereof, and LESSEE hereby agrees to pay LESSOR, as holdover rent, an amount equal to one hundred twenty-five percent (125%) of the Base Rental, as theretofore adjusted by the Cost of Living Adjustments. Nothing above shall be construed to give LESSEE any rights to so hold over and to continue in possession of the Premises after the expiration of the Term without the express consent of LESSOR. 16. ENVIRONMENTAL: LESSEE and its agents, employees, or contractors subcontractors or other representatives shall not bring upon the Premises, or permit or authorize any other person or entity to bring upon the Property, including the Premises, any hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof). Notwithstanding the foregoing, LESSEE may bring such fuels and lubricants onto the Premises as may be required for operation of construction vehicles during construction and backup power for generators during, maintenance or repair of the LESSEE's Facilities. In addition, LESSEE may also bring onto the Premises, any lead-acid batteries, cleaning solvents, and other chemicals necessary for proper utilization and maintenance of the LESSEE's Facilities. In bringing any materials or substance onto, or using any materials and substances on, the Premises, LESSEE shall comply with all federal, State, and local government laws, regulations, and rules. LESSEE shall be solely responsible for any damages or costs incurred by LESSOR due to any environmental contamination, arising from the presence or use on LESSEE's behalf of any hazardous materials or substances that LESSEE, its agents, employees, contractors, subcontractors or other representatives bring onto the Premises. 17, MISCELLANEOUS: 17.1 NO WAIVER: No covenant, term, or condition thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed. Any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance by LESSOR of performance other than full performance by LESSEE after the time the performance shall have become due shall not constitute a waiver by LESSOR of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by LESSOR in writing. 17.2 ATTORNEY'S FEES AND COSTS: If either Party hereto shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by LESSOR for the recovery of rent or possession of the Premises, the prevailing Party shall be entitled to have and recover from the other Party the prevailing Party's reasonable fees and costs (including attorneys' fees), 9623,15.1 which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to a judgment. 17.3 NO JOINT VENTURE: Neither LESSOR nor any of its employees shall have any control over the manner, mode or means by which LESSEE, its agents or employees, use the Premises or Facilities described herein, except as otherwise set forth herein. LESSOR shall have no voice in the selection, discharge, supervision or control of LESSEE's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. LESSEE shall perform all covenants herein as a tenant of LESSOR and shall remain at all times as to LESSOR a tenant with only such obligations as are consistent with that role. LESSEE shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of LESSOR. LESSOR shall not in any way or for any purpose become or be deemed to be a partner of LESSEE in its business or otherwise or a joint venturer or a member of any joint enterprise with LESSEE. 17A INTERPRETATION: The Parties hereto agree that all provisions hereof are to be construed as both covenants and conditions as though the words imparting such covenants and conditions were used in each separate section hereof. The captions of the sections and subsections of this Lease are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or construction. 17.5 INTEGRATION AND GOVERNING LAW: This Lease represents the entire understanding of LESSOR and LESSEE as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Lease. This Lease shall be governed by the laws of the State of California and construed as if drafted by both LESSOR and LESSEE. Any action, arbitration, mediation, hearing or other proceeding related to this Lease shall be conducted only in the County of Orange. 17.7 LEASE BINDING ON HEIRS AND ASSIGNS: Each of the terms, covenants, and conditions of this Lease shall extend to, be binding upon, and inure to the benefit of not only LESSOR and LESSEE, but each of their respective heirs, representatives, administrators and assigns. Whenever in this Lease reference is made to either LESSOR or LESSEE, the reference shall be deemed to include, whenever applicable, the heirs, legal representatives, and assigns of each of the Parties, the same as if in every case expressed. 17.8 CORPORATE AUTHORITY: Each party executing this Lease on behalf of a corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the Board of Directors of said corporation and that this Lease is binding upon said corporation in accordance with its terms. 17.9 NOTICES: Any written notices required pursuant to this Lease shall be made by certified or registered mail, return receipt requested, or reliable overnight courier and delivered to the following address: To LESSOR: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Clerk Copy to: Woodruff, Spradlin & Smart 555 Anton Blvd. Suite 1200 Costa Mesa, CA 92626 Attn: Douglas C. Holland, City Attorney To LESSEE: Sprint Property Services Sprint Site ID: LA03XC073 Mailstop KSOPHTOI Ol-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Copy to: Sprint/Nextel Law Department Sprint Site IDLA03XC073 Mailstop KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney 17.10 AMENDMENTS: This Lease may not be modified, altered, or amended except in writing signed by both LESSOR and LESSEE. [SIGNATURE PAGE FOLLOWS] 9623 151 IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by their duly authorized officers. LESSOR LESSEE THE CITY OF PALM SPRINGS By: ' J.!� By: l.V David Ready, City Mange Name: Title: o I ATTEST By: Name: Title: City Clerk r APPR�DfVEDBY fIYCDLNCIL�S�c APPROVE TO FORM: I l• l Z�444'1)'j Douglas/1. Flolland, City Attorney l 9623,15.1 EXHIBIT A DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 25 and Westerly rectangular one-half of Lot 26 of Palm Valley Colony Lands in Section 13, Township 4, South, Range 4 East, San Bernardino Meridian, as per Map on file in Book 14, Page 652, of Maps, Records of said County 962315.1 EXHIBIT B DESCRIPTION OF THE LEASED PREMISES LESSOR leases to LESSEE approximately nineteen hundred twenty (1,920) square feet of space, for the installation, construction, operation, maintenance, replacement and repair of communications equipment and antennas on the Premises and approximately six thousand nine hundred twelve (6,912) square feet of access right-of-way for non-exclusive right of ingress and egress, seven (7) days a week, twenty four (24) hours a day, over the Property to and from the Premises for the purpose of installation, construction, operation, maintenance, replacement and repair of LESSEE's communications facility. 962315.1 EXHIBIT C DESCRIPTION OF THE FACILITIES PROJECT DRAWINGS (See Attached) 9623115.1 E BORISTO ROAD F� k Al yy jj. A + S .e' •��2n Ii9 trYY l <� liZi A r s yr+d '&`z�v Qu T fir 3 v Z(E) Dorr NX; �ja`i aQ', V C1 [� Lf ry c.?lJ \ J cy y9 myyo: 11- % �of J_ 'h _ l (E) BASEBALL FIELD j (E) TREES �(E) CHAIN LINK i `(E) BASEBALL FIELDA (E) SPRINT' LEASE AREA (E) & (N) 'SPRINT ANTENNAS & RRH, N® I Y" N.T.S. SITE NUMBER RV03XC073 SITE NAME: SUNRISE SITE ADDRESS: 401 SOUTH PAVILION WAY EXHIBIT "B" PALM SPRINGS, CA 92262 SITE TYPE MONOPOLE DATE 05-13-2014 DRAWN BY: ATM APPROVED BY: LHC I OE 2 (P) 'SPRINT' FUTURE RRHs MOUNTED BEHIND (N) ANTENNA (I PER SECTOR) (P) 'SPRINT' FUTURE (P) 'SPRINT' FUTURE RRHs PANEL ANTENNA MOUNTED BEHIND (N) ANTENNA (1 PER SECTOR) (1 PER SECTOR) (N) 'SPRINT' (2) 1900MHz RRHs (N) 'SPRINT' (2) 1900MHz RRHs AND (1) COMBINER STACKED AND (1) COMBINER STACKED MOUNTED BELOW (E) ANTENNA MOUNTED BELOW (E) ANTENNA 4E(N) 'SPRINT' 1900MHz PANEL (N) 'SPRINT' 1900MHz PANEL ANTENNA (I PER SECTOR) ANTENNA (1 PER SECTOR) (P) 'SPRINT' FUTURE PANEL ANTENNA (1 PER SECTOR) (E) LIGHTS (E) LIGHTS (E) MONOPOLE (E) MONOPOLE FT (P) BASEBAND UNIT WITHIN (E) �T�SPRINT' GPS MMBTS CABINET (P) BATTERY (P) BASEBAN2UNFr (E) 'SPRINT' GPS STRING (4) WITHIN (E) M ANTENNA BATTERIES WITHIN CABINET II (E) BATTERY (E) 'SPRINT' BACK—UP CABINET JUNCTION BOX (E) 'SPRINT' j (E) 'SPRINT' (E) ACCESS GATE TELCO CABINET FIBER CABINET (E) 'SPRINT' TELCO CABINET g (E) 'SPRINT' .x. 4 METER PEDESTAL -a;x •�� '4' _ y e (E) 'SPRINT' e.1.�s�,'�,. ,4a. :-��. �" ��� METER PEDES".i (E) CHAIN LINK FENCE NORTH ELEVATION EAST ELEVATION SITE NUMBER RV03XCO73 SITE NAME; SUNMSE SITE ADDRI 401 SOUTH PAWUON WAY EXHIBIT D 61e PALM SPRINGS, CA 92262 SITE TYPE MONOPOLE DATE: 05-13-2014 DRAWN BY: ATM APPROV®BY: LHC 2 OF 2 w s ACO ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)5n,2024 04/03/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Lockton Companies Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314)432-0500 T-Mobile US, Inc. Its Subsidiaries and Affiliates, including Sprint Corporation 12920 SE 38th Street Bellevue WA 98006 COVFRACFR TMnRI CFRTIFICATF NIIMRFR- 1F1ARn446 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY L THE TERMS. EXCLUSIONS AND 00� DITK NS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ( F SUCH POLICIES, LIMITS SHOVA P D BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE DDL INSD SUBS N ND POLICYNUMBER POLICY EFF MM/DD/YYYY POUCYO(P MWDD LIMITS A X COMMERCIAL GENERAL LIABILITY M-f5iff D Ubtuilzuz 5 01 2 EN EACH OCCURRENCE f 1 Q QQQ 000 CLAIMS -MADE OCCUR f 10,000,000 MED EXP (Any one rimy S 25,000 Y Y 1 PERSONAL a ADV INJURY 3 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT X LOC GENERAL AGGREGATE S20000000 PRODUCTS - COMP/OPAGG s 20000000 f OTHER: A AUTOMOBILE LIABILITY 7012343878 05/01/202 05/01/202 E.ii laEeDtSINGLELIMIT f $000000 BODILY INJURY (Per penim) f XXXX)()(X X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y Y BODILY INJURY (Per accident) S XXXXX XX Pf20PERTY AMAGE Fer eLvOenl f XXXXXXX $ XXXXXXX B X UMBRELLA LIAB X OCCUR CUE 7014886953 05/01/202 05/01/202 EACH OCCURRENCE f 5,000,000 B B EXCESS LIAB LAIMS MADE N N SIR applies per policy terms & Conditions AGGREGATE s5,000,000 DELI X RETENTION f 10,000 f WORKERS COMPENSATION X PER H. B B C AND EMPLOYERS'UABIUTY YIN OFFiCERRAEMEB AARTIEED9ELUTIVE (ManaaroryinNH) NIA N 7012343895(ADS) 7012343881 ((CA) 7012447142AZ,MA,OR,WI) 05/01/202 05/01/202 05/01/202 05/01/202 05/01/202 05101/202E.LDISEASE-EA E.L EACHACCIDENT 32000000 EMPLOYEEf2000000 IuMer MSCRIPIDRIOFOPERATIONSb EL DISEASE -POLICY LIMIT Is 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may tie attached K more space is required) The Certificate Holder and other entities defined by written contract, statute, permit application or written agreement are additional insureds on a primary and non-contributory basis under general liability and are additional insured under automobile liability as required by written Contract. Waiver of Subrogation applies under general liability and automobile liability as required by written contract. "See Attached Endorsements" RV54XC407-C 1590 E. RACQUET CLUB ROAD PALM SPRINGS, CA CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RECEIVED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16980446 MAY II'IQIy0 2 2023 AUTHORIZED REPRESENTATIVE CITY OF PALM SPRINGS ATTN: JIM RUNGE PO BOX 2743 City Hall Reception Desk PALM SPRINGS, CA 92263 U 1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD w Attachment Code: D590641 Master ID: 1358772, Certificate ID: 16980445 CITY OF PALM SPRINGS ATTN: )IM RUNGE PO BOX 2743 PALM SPRINGS, CA 92263 IMPORTANT NOTICE Dear Certificate Holder for T-Mobile and its subsidiaries (including Sprint): In our continued effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance going forward. To ensure future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 16980445 • Email: stl-edelivery@lockton.com • Phone:314-872-3888 If we do not receive your email address via one of the above methods prior to the client's next renewal, we will assume you no longer need the certificate. If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. The above inbox is for collecting email addresses for renewal electronic certificate delivery ONLY. You will not receive a response from this inbox. Thank you for your cooperation. Lockton Companies Lockton Companies Three CityPlace Dr. Suite 900 / St. Louis, MO 63141-7088 314-432-0500/lockton.com Attachm278 Master ID: 1358772, Certificate ID: 16980445 It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom theAgentof Record has issued a Certificateof Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then noti ce of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or i mpose any liability or obligation upon the Insurer or the Agent of Record. 'This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another Form No: CNA75014XX (01-2015) Policy No: 7012343900 Endorsement Effective Date: 05/01/2023 Policy Effective Date: 05/01/2023 Underwriting Company: Continental Casualty Company ® Copyright CNA All Rights Attachment Code : D559289 Master ID: 1358772, Certificate ID: 16980445 CNA NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be s uffi ci ent to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another Form No: CNA68021XX (02-2013) Policy No: 7012343878 Endorsement Effective Date: 05/01/2023 Polity Effective Date: 05/01/2023 Endorsement No: Policy Page: Underwriting Company: continental Ca sua Ity Compa ny