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A6449 - SBA COMMUNICATIONS CORP - COMMUNICATIONS SITE LEASE AGR
s SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) THIS SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) ("Amendment") is entered into as of the latter of the signature dates below by and between FAMILY YMCA OF THE DESERT, a California nonprofit public benefit corporation ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company("Lessee"). RECITALS A. Lessor (successor in interest to Palm Springs Youth Center) and Lessee (successor in interest to Nextel of California, Inc. d/b/a Nextel Communications) are parties to that certain Communications Site Lease Agreement (Ground) dated June 16, 1998 (as amended by an amendment dated November 11, 2004; as amended, the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property owned by Lessor located in the City of Palm Springs, County of Riverside, State of California, as more particularly described in the Agreement(the"Land"). B. Lessee desires to amend the Agreement to add a utility easement for Lessee's subtenant, Royal Street Communications California, LLC ("RSC"), all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Facilities; Utilities; Access. Exhibit B-1 depicts the proposed utility easement for RSC. Lessor hereby confirms that such utility easement as depicted on Exhibit 13-1 attached hereto have been reviewed and approved by Lessor. 2. Notice. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 19(d) of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2347 3. Agreement in Full Force. Except as expressly amended hereby, all terms and conditions of the Agreement shall remain in full force and effect, and, in the event of any inconsistencies between this Amendment and the terms of the Agreement, the terms set forth in this Amendment shall govern and control. The covenants, representations and conditions in the Agreement are mutual and dependent. CA2347-Coachella Second Amendment Page 1 DM-7245880 4. Estoppel. Lessor hereby certifies to Lessee (i) that the Agreement is in full force and effect and has not been amended, modified or supplemented in any respect, either orally or in writing, except for this Amendment and the amendments referenced in this Amendment (if any) and is the only agreement relating to the Premises entered into between the Lessee and Lessor; (ii) the Agreement fully represents the entire agreement between the parties thereto and has not been assigned other than as set forth herein; (iii) there is no existing default on the part of the Lessor or Lessee in any of the terms and conditions thereof and no event has occurred which, with the passing of time or giving of notice, or both, would constitute an event of default under the Agreement; (iv) rent has been paid through and including the date hereof as called for in the Agreement and (v) Lessor does not have any offsets, credits or defenses with respect to the Agreement. S. Recording of Agreement Lessor agrees to execute a Memorandum of the Agreement upon request of Lessee. 6. Counterparts. This Amendment may be executed in one or more counterparts which shall be construed together as one document. 7. Defined Terms Unless otherwise defined, all defined terms used in this Amendment shall have the meanings ascribed to them under the Agreement. 8. Successors and Assigns. Upon full execution by Lessee and Lessor, this Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 9. Non-Binding Until Fully Executed. This Amendment is for discussion purposes only and does not constitute a formal offer by either party. This Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 10. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] CA2347-Coachella Second Amendment Page 2 DM-724588v3 IN WITNESS WHEREOF, the parties have executed this Amendment as of the latter of the signature dates below. LESSOR: FAMILY YMCA OF THE DESERT, a California nonprofit public benefit corporation B : Name: Its: C G O v.`c A Date: 20ro LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company Name: Michael P. MacPherson Its: Vice Presidentt//General Manager Date: CA2347-Coachella Second Amendment Page 3 DM-724588v3 yyy,g� O t5iddi +l di �y r S � J /�� 7�nn J {{JJ p O 0 N LLM- t E ( ! i Y 4 [ y. y[ _ L Y " l Yi�/Yn b.�L i� iryFtax�Y p i�.�X� iP{iY+�T� }�� nr�� ���t•�•e� �i ♦[e xi; i z� �rt{�Y i�!.u,�Y ?�t�YYxY(X Y rMr YrYi nX 2 t}G.ekf�•�+ It bop z #fP F wAe� '3 Al IP u aWi 2 j � U N _ ! P t: U 1 2 ' 4 � 0 4Y L6G7 3 y Z i� 1 aei eyliPAl 1 �_• O -o ! j� ® O 0 0 0 0 0 cooya;w°a t \ ..e..v -15 ovv kl5 11 f 0 \ •.- � ncwmiw.n» • \ ssrtu _ 12/222009 iz CONSTRUCTION F Tom,. l JOINT TRENCH _` 7'CABINET MOUNTING 4 _ v1 M I'PLSWSTi ` NOTES vM^ML a EL TRICAL SITE PLAN fi SINGLE CONDUIT TRENCH '.'71 SERVICE LIGHT _ --; S EC .i.. KEY NOTFS' - I �J`�— [ FT>t i a .... E --- - E-2 QUIPMENT POWER PLAN -:.r NOT USED I_ �7D NOT U3EA _�11 =��R + TowerCo November 25,2009 Family YMCA of the Desert Attn:Rob Ballew,CEO 4:3-930 San Pablo Ave Palm Desert,CA 92260 RE:TowerCo Site:CA2347,Coachella Dear Mr.Ballew: TowerCo would like to convey the detail of the Easement Financial Program to you at this time.This type of offer is made to every tower site landowner entity that qualifies within TowerCo's asset portfolio,whether TowerCo has owned the tower for many years or acquired the tower more recently,such as is the case with your lease.Many landowners have been pleased that TowerCo's financial objectives allow for this generous offer,an alternative option to the lease arrangement,which was made between you and the prior owner before TowerCo purchased the tower site. The remainder of this letter will detail the specifics of the offer extended to you at this time. Grant of Easement for.$140,000(One Hundred Forty Thousand Dollars With the Grant of Easement TowerCo places a recorded permanent easement much like a utility easement,on the existing leasehold interest only,which is the exact legal description as the lease. TowerCo retains the right to operate the tower indefinitely into the future until which time that the tower would no longer serve its current use and become non- operational for a period of two years. At that time,the recorded easement would be ended and TowerCo would be obligated to remove the tower. All core protections you currently enjoy under the existing lease agreement such as provisions regarding taxes,maintenance,removal,insurance,and many more,are covered within the Easement document The existing lease agreement and all terms and conditions become no longer valid upon the closing of the Grant of Easement transaction. The process to closing aid disbursement of your funds takes approximately 60 days from ,your signing of the Easement document.TowerCo will commence due diligence actions once the contracts are completed. Due to TowerCo's goal of deleting the monthly rent operating expense paid to you,witich is the driving force for this Easement program[,you have the opportunity to use the time value of money to your advantage by accepting this offer. The net present value of this payout now and securing a definite cash flow from the tower,regardless of what happy with the economy or technology and towers in the next 10-20 years,may be a very sensible option, in addition there also should be extremely beneficial tax advantages. The IRS"Sales and Exchanges"portion of the annual publication states under"Easements'that Easements of this type are taxed as a capital gain(15%)and not under the ordinary income tax rate specific to your situation that your current lease payments are taxed at In addition,normally this easement transaction can be utilized to effectuate a tax free 1031 like kind land exchange.Of course,all aspects regarding vow individual financial status relative to this offer and the statements contained herein,must be verified and confirmed by vow advisors. 1 look forward to discussing this offer with you. + Sincerely, Justin Barker TowerCo for TowerCo 5000 Valleystone Drive,Suite 200 Cary,NC 27519 866.319.0841 toll free 941,750.0641 main 941.779.8685 cell 919.469.5530 fax Lbz^l..•cfl tow e`n n.eom 5000 Valleptone Dr. 91°469.3559 919464.5:30 mto(Siwwurc0.;ec� m�+ercacea i i00 Cary NC.2li1: MKT:LOS ANGELES SITE#:CAW7011 (Coachella) AMENDMENT NO.1 This Amendment is attached to and made a part of the Communications Site Lease Agreement (Ground) [die"Agreement"] dated May 6, 1999, by and between FAMILY YMCA OF THE DESERT,a California non-profit public benefit corporation, successor-in-interest to PALM SPRINGS YOUTH CENTER, a non-profit Corporation (herein called "Lessoej and NEXTEL OF CALIFORNIA, INC., a Delaware corporation,d/b/a Nextel Communications(herein called"Lessee'). In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained herein,the terms and conditions herein shall control. Except as set forth below,all provisions of the Agreement remain unchanged and in full force and effect. NOW,THEREFORE,in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. In consideration for Lessee's ability to operate a permanent generator on the Premises, the Rent in Paragraph 5(a) of the Agreement shall be incro d by One Hundred and 00/100 Dollars ($100.00) per month commencing when Lessee installs generator. 2. That Exhibit B to the Agreement is deleted in its entirety and replaced with the new Exhibit B attached hereto.IN S HRMF, the parties have caused this Amendment to be executed on the L day of Wi� G —.2004. LESSOR LESSEE FAMILY YMCA OF THE DESERT,a California NEXT'EL OF CALIFORNIA,INC.,a Delaware non-profit public benefit corporation corporation,d/Na Nextel Communications By: By: kn=7 Id Title: C Try: MKT:wS ANGEUS SrrEl1:CA6070B (Coachella) EIf3IIBIT B DESCRIPTION OF PREMISES To the Agreement dated May 4, 2001, by and between FAMILY YMCA OF THE DESERT, a California non-profit Public benefit corporation (herein called "Lessor') and NEXTEL OF CALIFORNIA, INC.,a Delaware oorporation.d/b/a Nextel Communications(herein called`Lessee'). The Premises are described and/or depicted as follows: ��a�aN-�~i►�aww•ws tuna 0;r G Va'�w ra°ra sw� i sa w/a•t. p alwa�w o•sa awl 1� i I ) • l ( ! l , II , �s�s sort.w aw S punt wvrw� � t .ems r wn aaaas r •�wvw�asr I( l •�w�wr ma�waawa •�a�wwr L—__.-.—J �taa�wA w way O yrwv a+t arM sett /Y1 am rlAM _ 1. This Eshibit may be tepleod by a bend survey of the I mW=coca It is mocived by Lame. 2 setback of the Premises fires the Lands bomdvia shall be®e dissna tegtdrad by the applicable govc mmmtal notho ids. 3. Meth of acom mad shall be she width requhed by me applicable governmental luthc ues,inclyd'mg police and fie departments. 4. Lens may in"lip to twelve(12)■ntwms and fiflom(15)coastal cables. The type,a I and mounting positions and bwiom of an --and hae®sice gets we illaatradve only. Actual types,nmffias.and mounting position may vary from what is slum above MKT: LOS AIWES SITE11: CA6070B (Coachella) COMMUNICATIONS SITE LEASE.AGREEMENT(GROUND) 'fills Canmuniterions$ilo Leams Aso emes,(Ground) 1"Agnomen["] is entered into this_day of May, 1998, bclwconi NEXTEL OF CALIFORNIA,INC.,a Delaware corporation, dPola Nextel Cmimamiehlinna('Lattice").sad PALM SPRINGS YOUTH ClwrEli,a non-profit Corporation(9.caor") Flit good mad valuable consideration the receipt and sufficiency ul'whielh is hanky,acknowledged,ate panics hemW agree sox follov s: I. Prmnires. Lasmr is the owner of pored of lad(Ilia"laud")located in ilia City of Polm Springs,County of Riverside,State of Culifurniu-commonly known as 3601 I$sl Mesquite Road. 'Ilia Lard is more parliculndy described in Exhibit A annexed list Lessor io mby Wows In I.sse:atd Lhumx Imacs from LcOs r,approxiomicdy on Ihnusr id(IIXXI)squufc fact of Ilse Lund and all across and utility, cusemena,irony,(five NPlemises")as described in Exhibit 11 mencxed hcnnu. 2. Uyse. T as he Pmmis may he used by Lassec car any activity in connection with ilia provision of communications services Lesser agrees In eWpera a with Lessee,at Lcssais mlpmm, in making application 1'nr slid obtaining all licazs,permits and any and all otter nuermry,upprovels[hot may he required for Lcsscels intended Ito:Of flit i'remisae. 3. Tests and Construction. (a) Lattice shall have the right se any time following Lite loll"motion of this Agreement to area upon the land for Lite purpose of making appropriate engimacring and ie]Lmdxry surveys, inspections,soil lave listings,other reasonably necessary lasts and conslrocting the Lessee Facilities(act defined in Pamgraph 6(a)Inlow). M Prior to ctmsmeneing connmainn,Leascocall obtain l.esmhls approval of Lcss s construction plans and spa:ifictooro (collatively,"flat'),which approval skull not he unreasonably willduld. Lessor shall give suck appolvid or provide Lactose will its requesls For changes within five(5)business days a1 Lessors retails of the flans.II'Lasso does not provide mach oppravol or request for changes within such live(5)business day period,it shall be deemed to have approved the flat. Lasser shall not he entitled to receive any additional consideration in axclmnge Rlr giving its approval afthe Plans. a. 'term. 'the Ionic of this Agreement Shall he five 0)years coomm lwmg rm the date I.6toe:begins construction or die LCYW'K 1'ucilities or no later than eighur:n(18)months following the full execution of this Agreement whichever first owns("Cmnmencemcot Dale")and terminating on the fifth anniversary of Ilia Commenanunl Date(Ilse"'farm") unless Otherwise tanairra aid as provided in Parugmph 10. lessee shall have tlx:right to exited the Tcrm Ibr five(5)SL car in five(5)year periods(Lite"Renewal Tents")on The sane lens and conditions as set clerics ha em. This Agreement shall monotonically be cxmnded for cods successive Rcacomi Para,unless Lesaz nuiifes LOW of its intention nut W mow prior to conmeneentent W die succeeding Renewal Terns. S. Real. (a) within 11licen(15)business days ordec Commencement Dole and rah We first day of each month thereafter,Lessee shall pay to Lassoes rent EIGI T I IUNDRED FIFTY and IXFI t0 DOLLARS($11J U W)per month("Real'). Rem fur any IracLional month al chic Isginning in al Iha end of the'rerm or Rencwal'1'cnn smll be pmrelel. Ran stall be Payable W Lessor at Ir.O.13ox 9530.Point Springs, CA 92263;M onlitm:Orallu7 S.litho. (b) upil comnracemehL of esoh Renesnl Trnn,Ilse Ran shall he incn:aaYd by Iwe ly paned(20%)of do Rail for the Tcrm tor Iles previous Rcocwil Trial. 6. F'ucilitcs:DLilida;Accost. (a) Lessee has the right to erect,maintain and ap:mlc on the Pranaics ndio communications fucililies,including withoul limitation an untennu lower or pole sold foundation, miliry dines, untumisson lines, air conditioned equipment shdter(s), electronic oquipment,radio transmitting and nocelving comments,supporting elulpnant and structures tltente f"Lessee Pacilifice). In Wmmaclian therewith,Lessee Imx the right to du all work netts».ry,to prepsm,maintain sell nller the Premise I'or Lessee's business upmhms and W losing Imnsnissiten Pines connecting the antennas In the uansnilmrs and rox,ivmx All of I.rsveas construction and installation work shall he performed at L.csms's sell:coe mid expense slid at a good and workmanlike mama. 'fide to ilia I==Facilities shall be held by Itfwe:. All of the I taco 1iaf ilia$shall remain lesseds mom ent property and arc not fbaures.Lrssce:has dic right le remove ell the Lessee 1'acililh;s bl is salt mrwn a nn or hefam the uxpinnion of earlier Iemimtion of this Agreement;provided,Lessee repairs uny damage its Ilia Promises caused by sucih removal.UPOLI lwinination or this Agmcnaaht Lessee:shall not he required to remove mry conviction more than nix:(I)lieu below grade law[. 0) Lte ...shall pay lilt the cloc rieily PI consumers in its Operations at Lite nice charged by the servicing miliry company. Levee shall have the right W dew Wcctricity and other utilities fmm ilia existing utilities an the Land Or Obtain separam utility service from any utility as ipnny that will provide service to the Land(including a suudby power gaivent or fir L esso'a exclusive im). Laster agrees W Slips own documents nr easements m may he required by Said utility amqumics To provide such service,W lla promises,including the grant Pa lasso ur In lha servicing utility company at no oast to Lexme,Oran easement in,eve across or through the Lard a required by mx:b servicing miliry company to provide utility cervices as provided herein. Any evcmell necessary for such power or ogler utilities will he lit location m:e:ptable In lesm r and Ilia servicing utility centrally. (d Levee,l.eswes mttpinytts.agonts,»ilswnoUlat&looters will invites sail 13MVC accasS to the Pmmises without imlicle to ltsma twe Ly-four(2e)hours a day,seven(7)days it weal:,uI no charge. lessor grunts to Lessee,end is agculs empfoyeea,contractors. gash and invitees,a nun-exclusive right and casement lily pedestrian and vehicular ingress mud egress across that portion of Lite land described in ExhcbdL B. (it) F.caar shill maintain add noo:ev roadways Prom Ilia nearal public relativity to me Premises in a mantur sufficient to allow fxdalrion slid vchiadnr aaafer to all nines under honed weather cotdhieA leassor s1 it be responsible for nmimaining and repairing such roodways at its silo mpease,axelml tor rely dmemge causal by Lessee's use at'sW a roadways. 7. Interference. (a) Lessee Shall iverme the I.:S9T:Paellitici In n'emm m that will not ua:a:imarteremca lu Licestor u d Oliver Lessees Or limaacs of the Iaa.provided than chair insWllatiml pmluta that of the Lessee Facilities. All uPemniwas by Lessee shall be in annplianrs with till Federal Communications Commission("FCC")requirements. (h) 5ah5a suet Iu Lite ill IWIWWn III the L etal FOcilitics,Lusser s11all nM pa'mhil loath its lesseey or ficvii e W install new equipment on ilia Land or property,contiguous Ihcrelo nwha:d or anointed by L smw.irsnci cipipmcnP is likely it,area interh'rxnce with I txwxs oapenaiona. finch inlerfareuce smll M:deaiaW u nmteriW Iltcucb by to ur. In Iles ens iniaferone ehaurs,Lessv ngaus Io Ieka all reasnable slaps necessary to eliminate such inual'coulm in a reasonable little period. In We event lessor fails to comply with Ibis PuvugnlPh.lassx:nary mmtrsxc this Agmnncofonelhr puss wry clue mnudies nvaiFuble odcr Ibis Agn:umemunlenv md/uroLtxpity. S. Taxes. If perstmnl property Poxes an:ressaWd,I.asSoc sLo11 pay any portion od'such laxis directly nllrihutuhla to Live Lessee, Facilities. Lessor shall pay all nil property Loxes.assssoranls mud deforred teas om Idle Lund. 9. Waivernrlmor's lien. cMih,vie,Vee.:u'l.+rs6iacal.anxMhnlvyµ:AMNllawuvice Jk 1 • MKT: LOS AAES SITE#: CA6070B (Coachella) (a) Less r waives any lice rights it may lam concerning the Lact,liwilitm;which are deemed Lasso's personal property and not fixtures,and Lasses has the right to remove the smile a coy lime without Iessues consent. (b) Losau acknowledges that l.uxax hs named into a lnalong unatgemenl including promissory notes and Ilmnrc)al and security agrcemints for lire firmncing of the Lesson Facilities(the"CoR axnar)will,a(bid early financing amity(and may in the future enter into addltimwl rooming arrangements with other financing rntidq). In connection therewith,Loner(i)eonstdo to the installation of the Collision;(ii)disclaims my interest in the Collaleml,m fixtures or otherwise;and(iii)agrees that The Collnleml shall be exempt from execution fmolosuo,salt,levy,altaehment.or disWss far my Rum it.or it,become due Ind that such Collateral may be removed at my time without recourse to legal proceedings. l0. Termination. Ills Agreement may be terminated without further liability on thirty(30)days prior written notice as follows: (i) by elder party upon a dcfnWl of any wvotuurt m arm hcrmfby the Other party,which ildmil is not Conti within sixty(60)days of receipt, Of Winen notice of defoull,provided dal the gnaw perild for any Monetary default is tan(10)days from mccipt of notice;Our(ii)by le:ssec I've any[coot or for no reason,providal Lmsee deliver written nWict,of Orly Irrationalism rn Low no later than thirty(30)days prior to the Commencement Dste;or(iii)by Lwvee if it doe not obtain Or maintain any keens, permit or other approval necessary far the constmaion ad operation or the Lessor Facilities;or(iv)by Lessee if Leman is unable to occupy and utilim die Premises due to an action of the pCC,including without limimtian,a take back of channels or change in faquencio:or(v)by Lessee if Leswx determines that the promises am not appmprinte for its operalium For won amic or Icemologlwl rwsuns,including,without limitation,signal interference, at, Dealruelion or Candeunalkn. If the Premises or Isere Facilities are:damaged,destroyed.omlernmed or wonslermd in live of cmndemmlimx Leave may ela1 to terminate this Aarwaenl as of We time of the thaneg,destruction.cmdenantion nr transfer in liar of eondemnation by giving notice to Lesser no 1110M than forty-five(65)hays fallowing the dam of such damage,destruction,condemnation or tmnsler in lie of mnde m salion. If L caac chases nut In terminate thin Agreement,Rem shall be[aimed or Owned in proportim to Ile actual reduction or ubo m of of use of ere premises. 12. Insurance. Lesme,at Lease's sole cost and expose,shall prowre and maintain on the Premises mod on the Lowe Facilities, bodily injury and property damage Insurance with a combined single limit of a[lost Ono Mullen and(10/100 Oollam($1,000,000.00)per ha currence.Such insurance shall insure,an an uccu mnce boss,facing all liability of Lesee,its employes and agents mining out of Ir in csunmlion with Lcssc&s lee of the Premises,all an provided for leoin, lessor shall be named is an additional insured an lessees policy. lessor shall provide to I.mnr a certificate of insurance evidencing Ilan coverage required by this paragraph within thirty(30)days of de f Wnarromm of Date 13. Waiver of Suhnaalion. Lessur and Lessee rekrea club other and Ihcir respeclive principal,employees,mirmsehentives and agmls,fruit any claims I'or damage to any peron or to the Promises or to do Losses Facilities thermal caused by,or that"oil from,risks insured agalmd under any inwrnnc:policies carried by the parties and to fame at the time of any such damage. Lessor and Lessee shall wuac each insurance policy obtained by than to provide that the insurance company waives all,right of recovery by way of subrogmion against LIM other in connection will,any damage covered by any policy. Nether Lessor nor Leusae stall be liable to the other for city damage moo by ram an any Of the risks historical against under any insurance policy required by Paragraph 12. ld. Assignment and Soliciting.Lela:may muslin this Agmemcot or sublet or licume,the Promises or any portion thereof to any entity upon written ao0fic ltion to Lessor by Lose,subject to the aaignee assuming all of Losse's obligations herein. Upon assignment of subletting,lxsaeo shill be relieved oral flood perfrmanw liabilities,mat ubligdinm Mader Ibis Agreement, Losses:shall have the right In sublet this Agreement without Icssor'e coa set. Lesser only assign this Agreement upon writum notice to Lcsxx,subject o the assignee assuming all of L.evur s obligntioae mWin,including,[nit nut limholl to,those seat limh in Paragraph 9('Waive of Lessors Lien")above This Agnxmem shall ran with the property and shall he binding upon and inud to the Meath or the patio,their respective successors. motional misme:nlmiver,heirs mat assigns Notwithstanding anything In tie wnlmry WMmL W in this Aaocm cot Levin may assign, nrwlguge,pledge,hypothecate nr MImm,ise Warrior without notice or content is interest inn this Agreement to oily frnanciog entity,or oiled. an said[of any Gnawing entity to whom Lessee(i)has Ohligaliuns for borrowed money or in mop ci or g anomie,thereat iii)has obligations evidenced by bands debentures,notes or similar instruments,to(iii)ban obligations under a with mspect to laden of credit, bankers uccepmmcs and similar facilities or in ropes.of gumontim IWrcof. 15. Warranty ufTitk and Ouiel Rniovment Lesse warrmm.hm: (i)Lessor owns the Land in fa simple and has rights,of awes thereto and the lad is fro and char of all liens,cneoobranccs.,sit misvYcllons; (h) Lessor bus full right to taco and perform this Agreement;and(iii)Lansaw coveants and agrees with L,vcc that upon Lcssec paying tie Rol mid observing and perfuming all the ands, cnveumLe and emoliliaa8 on IAssec's pet to le observed mat pafomsal,Li ssc:may pwccfulty,old quietly wjoy the Premises. Lessor agrees to indemnify and Iwild hu inlet Lessee from any and all claims On Lessec's lcat shold moral. 16. Rennlm lessee shall not he nxryired to made any napalm to the Posnises or Lund unless such repairs shall be necessimted by mosun of the default or mated of ussee Except an sal forth in paragraph 6(a)ahnve upon cspiral or termination heloof,Lesson shall adore the Prenhisew to the condition in which it existed upon execution hrml',mosonnbk war and law and Ina by annually or Other eases beyond Leases rxuAml exwptud. 17. Ilavarloua subslanm. Lattice name;that it will not was,generate.stud nr dispose nfamy I he aWudx Manorial on,under.about or within the Land in violation of any)rev or regulation. Lessor dpmsamL%Onrrunls and agrees(1)[hot n tilbor Lesser nor,to Lessors Lnmledgo,any third party has used,gcncmleL stored or disposed of,or permitted Ile rise, anent aa,gmmye intuitionist of,my I lamrdous Mmmial(delined below)on,miler,about or within the Land in violation o1 my low Or regulation.slid(P)dal Lover will not,and will ml pa:nnit any third party loos,ge ssu,store Or dislose:of any Ilomrmus Material on,under,utwut at within d,c Land in violation of any 1.m ni;ulatim. I.cxxur and Laavz each squese to dofhmd,Indemnify and hold lunnlus his other and the ull,ces partners.aRlintes,agcnls ad miptoyos against any am ell lave,liabilities,claims and/or sums(including nasunnhlc unumrys'Ors and erns)wining tram my Iwsri of any representation.warruvy or agroment cmtaind in dais paragraph. As used in this paragraph."I luyardms Mmcriul"shall Lawn pewolmr,or any Iwamoto oho produok astcnus,any s ilssw¢e known by the state in which Lite Land is aamed to cause cater mayor reproductive usxicily,and/or my substance,ctLcniesl car wage thnl is idenlifxd as hwarthms,Imit or dnngom of to my pppliaaWe(ad.]. NOW or Local kw or regulation. 11is paragraph shall survive the termination ufthis Agrowlent. Is. Lability and sadmand . Lava shall indemnify and hold Lessor bamkst,from all claims(including atLmsys'Ices,LOW and espouses or defeuling against such claims)Mining from the negligence or willful Miscoduct of Loos:a'I-mwc`s agents or enp)ayecs in or maul the [And. Lesson shml indemnify and hold I.coce harmless limn all cleints(including aliomeys' fors,toss unit expenses Of del'o li mg a mint suclh claims)writing or Waged to arise f„nn Ibe Lets or Omissions of Lessor Or Lessor's agents,employers licensees, invilacx wnlm ebrs or other ouunls axurring in nr about the Lund 'Ilia duties described in this Paragraph 18 shall survive termination of this AgrcoxnL 19. Meeellameuas. (a) This Agrwnuml wr iWu the entire agreement and undemanding bunvnm the parties, and supersedes OR alias, a ctatianians and other radiation amceming the subjwL matter contained herein. Any nnhmdmonts to Ihts Allotment mind he in meriting and cxeculcd by both Militia. I:MiNIehUaai,Mnl4,aCtmLeal.AaIW41'YM'Am)an1l.,ym�ae 2 III . • MKT: LOS IVAES SITE#: CA60'1O1a (Coachella) (h) If any provision afihis Agrceaan is invalid or unenforceable with reap=[to any party,the remainder of Wis Agreement or the upplicotiun of such provision to persons ntho than chase as to whom it is held invalid or uncnfmuuble,shall not be affected wed cock luuvision of this Agauanent shall be valid and enlbn:ceble to du fullest atoll penni0ed by law. (c) 'all!.Agmenuu shall be hinding do and inure W Ja henefit of[Due saavwrcs slid penottted nsxignem of the respeolive in rlics. (d) Any noliao cu demand retained m be given herein shall be made by coliRod or registered mail,return receipt requested, or notable overnight courier to the eWroui of the respective parties set Rrlh heluw: Utter: PALM SPRINGSYOIITIIUKIER Lem= NI:X'ITLOFCALIFORNIA,INC. 3601 6m Mustache Road 17275 Ibis,Avenue Palm Springs,CA 92211A Irvine,CA 92614 Allo.: Property Mnnuµr W)da u copy to: Noxlcl Communication,Inc. 1505 Form Cnaht Drive McLetin,VA 22102 Aun.: Legal Depm.,Cunbaxis Munger Laser or Lea set may from time to time designate uny duller address for this porpoxc by written notice In the other party. All uotie:s hereunder shalt beJ=med relive)upon actual r=cipl. (c) This Agnxmem.1.11 he brverned by the laws uriho Staid of California. (1) Lessor ac6wwledgcs dial a Mamurrudmm of Agreement in the final unacxed heron ns Fa:hibit C will be recorded by Lwwc in the o0iciul roo disuf the County who:the Lead is located. In WL'c"d.the Load Is oicuaalbool by a moriplie or deed of WSI. Lessor agrees to obtain and 1'uraish to Loss=a um-disturbance and mtammenl instrument for each such mortgage or deal of must. (9) Lessor may obtain title inummce on its interest in the Land. Lessor shall cooperate by excluding documentation required by the title insurance cumpany. (11) In any rase where Use uppnwul or consent of one petty ho oil is required,rcymsWd or Mhenvise to he gives ender Ibis Ayannenl,such pony shall net unreasonably delay or withhold its approval or emsent. (i) All Riders and Exhibits nnnesed herelu l'mnr otmertut pans ordis Agrcenen. 0) 'Phis Agrucnent luny he executed in Juplicme emntepwrts,e:ach ufwhich stand l be deemed an original. IN W ITNESS W DEREOF,the panics have ex=ored This Agneimul ma of[lee date tin[ahuve written. LESSOR [.cash PALM SPRINGS YO(fl'It CLWI'6R,a mon.pnd)t NLX'I'N,OF CALIFORNIA.INC.,a Corporation Delaware cnrirmoic 1Na Ncxtcl Communications Ry: R fray. n' '1'itic: Fa:= w:I rcear 'I711c: Date: 1).d Tux IDN: 95-227176H . . lt,, . . ,Mu.,acn,naanMMWO cAWlrouuw d- 3 • MILT: LOS ANCELES SIT711: CA60703 (Coachella) f:S II I lift A DI!SCRIPIION OF LAND Io the AErcenwN du[:d May . 1998,by and hctween PAI.M SPRINGS YOU1'11 CIiN'I'IiR,N nun-prolil Cor)mrsnion,m Lessor,and NC%'I'EL OI'CALIFORNIA,INC.,a Oeluwmc cnrpo:Llion,[V1J/n Neslcl CVIIII1111111Ci,LINII,,I,Imssee. The Linrludcseribed andlnr dgvicmi of Iidlmv._ ma w i:nri.`YI'la:.xr::w Ia es oil.v meoWiwn1:w',xe 4...nu. mr werwe 1.r N.ne of.r IN.;NnM.N W dl.�wt.�ulir- �M+yv t.N,wa.r nl.xNm.rwny.r uwnu,wu.r r.nnnl., Jq+ nlN,fb Nnn'Nn,l a am Nav,lu„a .lu tr°IkaYti3N11M emr Nle�tii•ivw h M. wi a,.qi r,i f I,I I.r[ wN.wa..a.r ennu u.,a,our. u Pbl rl*! Pu r.W w n.,..ty.a n ° U Wlp,nn¢NNtiq yy Jwt xgNruanlr amy. SwU+WuI a :4ve lw a^Yr tlu,rwryle Jana nem 14Nrr4mMry Iln[,f nla inw M.Na,prwN.u°[u1„y, of)i•]1'tY,� po/mf.a Mt:tNnu Wgnlbnb anw L'rwW,JNMG s(IIo.Y Mu Gesu MtlU Y'll'l]' w,I,m.ilrlY lYn.�,le b[eN114L brt�0'el•�[3 M1°+al°burlf I1 n.,eaW¢,f rf1.41 Mt u u,gI.Y10° EkilMl,i. Np!-,Iry ry.a[net W µN[valnNn }t!�11°6 WaYJ"u M1llsa N,N[u!to a YNq If.imq'r,µU. ,nl,e rt,wln[,r Gunn[Im,f tY ny I lr,!utJ let lo,Y»le"UNn,ngwlnl:�.Jwa vnl[y„IJ Nlnt 41"1°NMlfr Ile,rt N,raYn[»t aym wuw z.,uG n a q. ! •aS• a,a MN aq¢tmw..to,.:.n... .. tq li' ;I u'?l t�aJI,W¢�lo.1f.H•lie`°wll vuG u'N']I •Jfnal M.t°tlirCt 1C�11'lT Ern,,ll,[u¢01 Ile.le M[b aAm4Nnlay 1 a urr[,t nm ut�Sytl.,[url,.u,1,91 Mp el [.e uti w.:.m¢iM:ra::Nl 'a rwnn.roNran ew a NN u,nlnt n,l.a MN a wrv11N NN M Y.m.lnt b,W m r w W r,Wl W.l»u w Ww men[G.Y vewn t. `n a'J9']l'4N.llwl[,Ir Pnlrl tuu"¢ m W M wJ.v N.tone un..rw xwedrL.wal: °'.T °y,d,NIf nN..al•w .r•...IN.N.f m.M M[ If a,M III Iigt�i W N..11[Ft 1L.mu1 N x ..Pnl Or..P..Zurea �tlwra.:r ulw•°.rc�¢»4.:.a�P+ul.1°.iaLA°n"1°n}.°: 'I 1. i,�.;u[.anY.y u,aa:[.a.e wtW r:nar r - nG.erW wl.sMW qN,Wu.. - luln[•3°pie°iY el[h OY�l II[lm,0ln�j N:1i"°u i ' 11 ule[enlwt[Iw w w[�nM NU- le 4b w�lul,W,Jyn qv,a aNll me,t N[Y u ' [mprt u w Na'[wanly W u¢.`,n°p[trW`i,a r!4 IM:111ew10.1�i"u h mMe�`In�,°Pei- :aw`W nrbnllli rmrr. . Te M1[I1W,lNl u[wneN Or W I,I.Sn IM,lmn trve M1",Jrwl,`0.[p¢.a,w¢u,,en e1 NtMn 1N ae ly L M<I[r,r NgLyS[prt.�l°n numa to I:nl,>r u,N rptIm a\.v1A4 bM rt+u u111IN,l,nf ' 6�gnISrIM wP.:w.,mnwJ el'NU rnl... ee.n.::r`.prrla;�iap°IsoN . L [.Wp area Iv[�w INW A u.:y°remell t.J°»alln. `W 1.ILI.111 r.1°W 1.a.1 wwt6lrlM;,I W uW Lru. INI�IPI and nlhelwi,w known,,S.. 1601 6aet Mm'quiln ROII[I,I'u6u Sprinti,CA 92?64 AM NIA tWlnk,Vell.vink[Io:Inisimsl AMOM NICA(A) IINncwn. 4 • MKT: LOS ARCS SITE#: CAG070B (Coachella) EXHIBIT n DFSCRIPTION OF PREMISES to the Agtt -lit dated May�, 1993,by and between PALM SPRINGS YOU I'll CENTER,a nun-profit CWpnmtimn,as Lessor,and NEXTEL OF CALIFORNIA,INC.,a Dcluwam aspomhim,Mdt1 Natal Cummunimlinns.as LcS The Premises arc descriMsl andlnr kpietal as follows: PL N xlel zg' a D Le se Art Area ,x 1oz , Store 16 Dldg. for Owner Transformer PL PL PAYED PARKING Yount Center 3T 56' PI ewerr••a'r 3661 MESDURE 1N I� Nolex.. I. TL is Exhibit may he wplca:d by it hind survey of the 10n:misa roux it is n:caival by Lessoc. 2. Scil aek or due I'mnlises from the I:md's lwandaries Shull M:flue dinma Amuiml by the applicublc guvomlmmal audturilicr. 7. WidW of taxers nwd mull he live width mluired by tlw opal imbic gnvem nasal nullawiliva,including polim and fare detvlmnnds. A. 'Me typo,number and mounting positions and locations afuntenow and tmns'miMion lines are illustrative only. Actual types. at mhe and n uunling pluitimn may vary Toms What uslwwn aM•vc. 1:1tiI�WcutivaYawsliaalNwlaldl'YM'AWl1lWweieuAw e> • MKT: LOS AOLES SITE#: CAG0703 (Coachella) EXHIBIT C MEMORANDUM OF ACREEMEN'I' CLERK: Pleavw return(his Jucunxnt m: NF.X'I'EL OF CALIFORNIA,INC. 17275 Ocrian Move. Irvine,CA 9261d Ali...:Pmpeny Manager This Menlurundum of Agreement is entered into to this_day ill' . 199_,try alms lanweeo PALM SPRINGS YOUTH CENTIR.R,a non•prult Corponniom,with an 011IM at P.O.Ilox 9530,Pnhn Spring$,CA 92263(hereinafter blurted in us 'Laser^),and NEXT131.OF CALIFORNIA.INC.,u Dduwan:corporation,6 Wa Ncxml Cummmnicalions,wish:m nfYax at 17275 Durkin Avenue,Irvine,CA 92614(hercinsler mfcmxl Us as"LaNscc"). I. Lamer ud Ltaice entered into it Communications Site Le:w:Agmaneu(UmuIW)I-Agrunxn("I on due_day of Mny 1991.for the purpose of inslulling,olxirst mid maintaining n mdiu communications facility and other improvements All of the foregoing are s ai ford,in the Agreement. 2. '1lie lent ol'Wc Agnxmew is Cur live(5)years cunsmencingon ,IM d 3_co ending our %vies Eve(5)sula cosive live(3)you orgismx In rmnasv. 3. 'Ilse Land which is she subjeel ol'Ihe Agrxme t is described in Eahibil A nnncxed humus. 'Dee position of the Land being Ieusd to Lessee(the"I'mmisei)is describer!in Exhibit II annexed lu:relo. IN W ITNESS WI'1EREUP,Ilse panics have eseculed this Memorandum of Agmemcol in of the day and year first above written. LESSOR: LESSEE: PALM SPRINGS YOI rn I CEN'nK It non-prulil Corporation NEXTEL OP CALIFORNIA,INC.,a n Deluwurc cnquumimn,Wit Nexel Communications Name: GII' ,.P Nanc: Title; Cxc:ntivcc/Diimawur 'Tilde: Dole: �a/-7f Uatc: TATr or �/AA!4os11& COUN'I'Y�OF Q On l6Ly �� hefmm me,�/i� 2fQ / II Notary Millie,personally appmuuJ Personally k sun to me(or pmvd to col:nn tux Nlxis of sdislhdory eviJene:)In he the Verwm whose name is subs6flual to We within insmun,eni and neklunvldgst In me thin he cKwillel the same in his authorized capacity,and shoo by his signature on Rao instrument,the person,or she,entity upon behall'uhvhich she pews,acted,accutd the instrument. W PINE. 'my hand nn� Ilciul s I. �// ► Antonia Chadwell / 'M, (SEAL) rraUyaaI '.:..-b C:amm.OIOMM64 a' Public ll• IOTAM MWC MIFOµuo �/� / �q�5 l t" NVMMDE COUHIY 0 My conllusinlcxpires: -l"f� li ��f�r/ a\'. Comm.Espy 3,2000 S I A'D:OF COUNTY OF Us, _ ,befi a me .Nmnry Pahlie,pe.stilly appeared personally known to one(or priivd in me on The lesis of Mimics..ry cvid.l m Me the I.."whose nalm,is subscribed so me widain inxmnitent and acknowledged to nee that he cxecotd Idle male in his omhurizd capacity,and Chat by his signature an the instrument,We perms nr the coliry open hehu:f of which Iha Version"led.executed she instrument. WITNESS my hand mW official seal. (SI AL) Nnluly Public L IN My commission"Piras: t.WnJn'nmriYranvaVrileHA011Wb1'YM'ALaIUIIW.siux.,Le G NerW Communications 17275 Dorian Ave., Suite 100 Irvine,CA 92614 (949) 962-2300 Fax(949)862-2313 NEXTEL September 7, 1999 Palm Springs Youth Center Attetion:Gregory S. Pettis P.O.Box 9530 t. Palm Springs,CA 92263 Dear Mr.Pettis: Nextel hereby provides notice that it is commencing the Lease between PALM SPRINGS YOUTH CENTER, a non-profit corporation,as'Lessor,and NEXTEL OF CALIFORNIA, INC.,a Delaware corporation, d/b/a Nextel Communications, as 'Lessee". Accordingly, the lease commencement date shall be August 20,1999. Your pro rate August and September rent will be forwarded to you in the near future under separate cover. Please sign the acknowledgement below and return one copy In the enclosed, self-addressed envelope. Show you have any questions, please feel free to contact Kathryn Crompton at 949/862-2377. We look forward to our long tenancy with your company. Thank you for your cooperation and assistance. Sincerely, NWell Communications &J)Ofj Auw� Q' Deborah Howard Property Manager cc: Lease File McLean Legal AGREED TO AND ACCE D By: Title: Date: 9-10-99 Con��nEtJC£H�S�" DOC # 2009-0041938 01/28/2W9 08:00R Fee:39.00 Page 1 of 8 Recorded in Official Records Recording Requested by and I County ofWRilverside Larryard Wkjen Recorded Mail to: Assessor, County Clark & Recorder I IIIIII IIIIIII III IIIII IIIIII IIIII IIIII III IIIII IIII IIII C�1ZC:�Q-I'YJ e✓i CSC S (�C� ILCJ R U PAGE SIZE DA MISC LONG COPY L SM428 OR F NCHG n�o T: CTY UNI fJ M TITLE OF DOCUMENT 37 � S.s 1gy77'Yt�e.- �Z B2c•�Z9r �7rr��Q�� Documcntary Transfer Tam 6 ❑Compu don full val of property conveyed or �V ss rem ' antes �e Signatu of Dccla t O Unincorpor�r��Mp �P'ty of - t�c]i \m SO y'tl1Q� Parcel Number Mail Tzx_tatements TO: iDuet �i7S�v �, LCc Dycrl(Lqd )45 ror_s i EXECUTION COPY 3�6f2va ? 20 ASSIGNMENT AND ASSUMPTION OF GROUND LEASE wi f e e-rydA '. THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE("Assignment")is made,entered into and effective as of this_3 day of September, 2008 ("Transfer Datc"),by Nextel of California,Inc.,a Delaware corporation,having an address at 6391 Sprint Parkway, Mailstop KSOPHTO101-z2650, Overland Park,Kansas 66251-2650("Assignor"),to Tower Entity 7 LLC, a Delaware limited liability company,having an address at 6391 Sprint Parkway, Mailstop KSOPHT0101-z2650,Overland Park, Kansas 66251-2650 ("Assignee"), The notice address for the Assignee shall be: Tower Entity 7 LLC c/o TowerCo Acquisition LLC, 5000 Valleystone Drive,Cary,North Carolina 27519. ewe n,0ho�! a .e /ass khan �3�yeo. S Preliminary Statement: Pursuant to that certain Purchase and Salc Agreement dated as of July 23,2008 (as amended, modified and supplemented from time to time, the "Purchase Agreement'),by and between TowerCo Acquisition LLC,the parties identified as sellers therein(including Assignor), Sprint Spectrum L.P.,as agent for such sellers and the"Tower Entities"(including Assignee) that become parties thereto,Assignor has,among other things, agreed to assign all its right,title and interest in and to the Ground Lease(as defined on Exhibit"A71 to Assignee and to assign, transfer and convey to Assignee its right,title and interest in all Towers and Tower Related Buildings and Equipment located on the land demised under the Ground Lease (as such land is further described in Exhibit B(as so described,the"Real Property ')). All capitalized terns not otherwise defined in this Assignment shall have the meanings ascribed thereto in the Purchase Agreement. In consideration of the mutual covenants contained in this Assignment, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. ASSIGNMENT. As of the Transfer Date,Assignor for good and valuable consideration as recited in the Purchase Agreement,the receipt and sufficiency of which are hereby acknowledged,does hereby convey,assign,contribute and transfer all of its right,title, and interest in,to and under the Ground Lease,and the leasehold, license or other interest created thereunder,to Assignee and its successors and assigns. 2. ACCEPTANCE OF ASSIGNMENT. Assignee as of the Transfer Date,hereby accepts the foregoing assignment of the Ground Lease and assumes all of the Assumed Liabilities arising under or pursuant to the Ground Lease. I/�i94eq — 3&bla' F. ►�{SOU,+� , P41rn Spl/nq j ellazz[�y A2347/CA6070 Coachella 3. APPURTENANT PROPERTY EASEMENTS AND IMPROVEMENTS. Assignor hereby grants,bargains, conveys, contributes and transfers to Assignee, its successors and assigns forever,all of Assignor's right, title and interest (subject to Permitted Liens)in and to(i)all appurtenant property and rights relating to the Real Property, (ii)all easements and rights of way benefiting the Real Property, (iii)all Towers located on the Real Property and (iv) all Tower Related Buildings and Equipment located on the Real Property and all other Tower Related Assets located on or relating to the Real Property;excluding, in the case of clauses(i) through (iv), any and all Excluded Assets. 4. BINDING EFFECT. This Assignment will be binding on and inure to the benefit of the parties herein,their heirs,executors,administrators, successors-in-interest and assigns. 5. GOVERNING LAW. This Assignment and its validity,construction and performance will be governed by and construed in accordance with the internal laws of the State of Delaware,without regard to principles of conflicts of laws,except to the extent mandatorily governed by the laws of the state in which the Real Property is located, 6. COUNTERPARTS.This Assignment may be executed in two or more counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument. 7. PURCHASE AGREEMENT. This Assignment is intended to implement the provisions of the Purchase Agreement and shall not be construed to enhance, extend or limit the rights or obligations of Assignor or Assignee(it being understood that Assignee will not be deemed to be assuming any Excluded Liabilities)_ No provision of this Assignment shall in any way modify the express provisions(including without limitation the warranties,representations, covenants,agreements, conditions or any of the obligations and indemnifications of the parties hereto with respect to the subject matter of the Purchase Agreement)set forth in the Purchase Agreement. To the extent any provision of this Assignment is inconsistent with the Purchase Agreement,the provisions of the Purchase Agreement shall control. 8. AMENDMENT. This Assignment may not be amended,waived or otherwise modified except by a written instrument signed by the parties hereto. THIS ASSIGNMENT has been executed by Assignor and Assignee effective as of the Transfer Date. [Signatures on following pages] CA2347/CA6070 2 Coachella Witnesses: ASSIGNOR: Nextel of California, Inc., a Delaware corporation B Print Name: Print N e: kbp g giwbP,t Title: Assistant Secretary Print Name: wlh -rjry 1e.nV--iM State of New York County of New York The foregoingginstrument was acknowledged before me this g day of September, 2008, by JO1 ft ilwt an Assistant Secretary of Nextel of California, Inc., a Delaware corporation,on behalf of the company.The above-named individual is personally known to me or has produced a drivers license or passport as identification. Notary Public Print Name: My Commission Expires: BRETTE NY pub '%W of�YMk Q W0Q No„tNw11bA 4 604icoCW"Q " :2o,I CA2347/CA6070 3 Coachella ASSIGNEE: Tower Entity 7 LLC, a Delaware limited liability company B3� *2 Print Name: Name: lnhn R_Rnnh.,r Title: Assistant Secretary yaj. _ 6e Print Name: la, n lG nA State of New York County of New York The foregoing instrument was acknowledged before me this 19 day of September,2008, by JOWEISOOOM an Assistant Secretary of Tower Entity 7 LLC, a Delaware limited liability company,on behalf of the company. The above-named individual is personally known to me or has produced a drivers license or passport as identification. Rodry Public Print Name: My Commission Expires: NOWY U ,T8 "Of NNWYak Qualifiatt in New York C Commission Firgs November 19,2011 I CA2347/CA6070 4 Coachella EXHIBIT "A" The Ground Lease That certain lease agreement(the"Ground lease")dated June 16, 1998 by and between Family YMCA Of The Desert,as lessor, and Assignor,as lessee,with respect to that certain parcel of real property ("Real Property"1 located in the County of Riverside, State of CA,which Real Property is more particularly described on Exhibit"B"attached hereto. The Memorandum of the Ground Lease is recorded in Book ,Page or as Official Document/Instrument N ber �- n the Register's office of Riverside County, State of CA. eLd CA23471CA6070 5 Coachella Exh.ibit_@ Real Property ExDIRrr A I)GSCRIPTION OF LANO to the Agreement dated u 2 1998,by and between PALM SPRINGS YOUTH CENTER. a non-protU Corporation,as Lessor,a,ItTINEXTEL OF CALIFORNIA.INC.,a Delaware corporation,d/Wa Netttel Commonications,as Lessee. The Land is described and/or depicted as follows: THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 10 IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON NAP OF PALM VALLEY COLONY LANDS, ACCORDING TO MAP THEREOF ON FILE IN BOOK 14 PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, BEING IN THE CITY OF PALM SPRINGIS, COUNTY OF RIVERSIDE, STATE OF CALIFORIM, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACE NO. 7290, AS SHOWN By MAP ON FILE IN HOOK 87 PAGES 5 THROUGH 7, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 0 DEGREES 11' 45a EAST, ALONG THE WESTERLY BOUNDARY LINE OF SAID TRACT NO. 7290, A DISTANCE OF 36.14 FEET TO A POINT ON THE ARC OF A NONTANGENT CURVE CONCAVE SOUTHWBSTERLy, HAVING A RADIUS OF SO0.00 PEET, SAID POINT BEING A POINT IN THE CENTERLINE OF MESQUITE AVENUE; THENCE WESTRRLY ALONG THE WESTERLY MMOSION OF THE CENTERLINE OF MESQUITE AVENUE AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 4 DEGREES 36' 23m, A DISTANCE OF 40.20 FRET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 10, SAID POINT BEING THE TRUE POINT OF BEGINNING; TZZNCR RETRACTING SOUTREASTERLY ALONG THE ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 31 DEGREES 33' 290, A DISTANCE OF 275.4D PERT; THENCE TANGENT TO SAID CURVE SOUTH 53 DEGREES 38' 23• FAST, A DISTANCE OF 110.98 FEET; THIINCE SOUTH 36 DEGREES 21. 37- WEST, A DISTANCE OF 483.78 FEET; THENCE NORTH 53 DEGRR88 38' 23m WEST, A DISTANCE OF 73.09 FEET TO THE WESTERLY LINE OF SAID LOT 10; TRENCR NORTH 0 DEGRRES 11' 450 EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 507.65 FRET TO TEE TRUK POINT OF BEGINNING. and otherwise(mown as:3601 East MesWite R0 4 Palm Springs ' APN: IWA niyyl�bi(1rnWwL.a6a0PatawUaWOHws.� 1 CA2347 Coachella Exhibit Real Property • • EXHIBIT B, • . DESCRIPTION OF PREMISES to the Agreement dated , .c �fk 1999, by and between PALM SPRINGS YOUTH CENTER, a non-profit Corporation, as LesNEXTF.L OF CALIFORNIA. INC., a Delaware corporation. d/bh Nextel Communications.as Lessee. The Premises are described and/or depicted as follows: PL Nadel Rot x 10' D LAgae Area 10'x20 Storage Bldg. for owner Transformer 1pl. PL PAYED PARKING Youth Center 37 56' PL F7QBrt"Id" 3661 MESCUFTE Notes. I. This Exhibit maybe replaced by a land survey of the Pmmises once it is received by Lessee. 2. Setback orthe Premises from the Lard's boundaries dust be the distanm required by the applicable governmental authorities. 3. Width oraceess road shall be the width required by the applicable gvv rnmental authorities,including police and the departments. 4. The tyre.number m+d mounting positions and bmtiona of arlaraalaa and wnrmission lines arc illustretive only. Actual typm numbers,and no wting positions may vary from who is shores abov, r.rorMvtuminaJmmWrnt.Aamensr�Aepxatmads a ONIWM CC 2347 Coachella October 20,2008 FAMILY YMCA OF THE DESERT 43-930 SAN PABLO AVE PALM DESERT,CA 92260 Dear FAMILY YMCA OF THE DESERT: Re: Lease Agreement dated June 16, 1998,by and between FAMILY YMCA OF THE DESERT("Landlord")and Nextel of California,Inc.,demising certain real property located in the County of Riverside, California("Property") Site Name:Coachella; Site Number: CA2347 Effective September 23,2008,TowerCo Assets LLC("TowerCo"),acquired the above referenced tower. This letter is your written notification of the assignment from Nextel of California,Inc.to TowerCo. Our records indicate that the Lease Commencement Date was August 21, 1999. Please indicate on the attached Landlord Information Form if this date is not correct. The enclosed rent check is for the month of November. In the event that you receive your payments through direct deposit,your banking information will be transferred from Sprint and will be processed over the next few pay cycles. You will not need to complete a new direct deposit form. In an effort to ensure efficient communication with property owners and to verify our Landlord database,we ask that you take a moment to complete the attached forms and forward the completed forms to our office: TowerCo Attn:Property Management 5000 Valleystone Drive Cary,NC 27519 Main Number: (919)469-5559 or(866)460-5559 Fax Number: (919)469-5530 We thank you for your cooperation and look forward to doing business with you. Sincerely, Jennifer A. Courtemanche Director Lease Accounting TowerCo Enc. TowerCo 5000 Valleystone Dr Y 919.469.5559 s 919.469+5530 r info@towerco.com www.towerco.com Cary,NC 27519 FAM200 TowerCo Landlord Information Form Site Name: Coachella Site Address: 3601 a E. Mesquite Palm Springs, CA 92264 TowerCo Site Number. CA2347 Site Lease Commencement Date: August21, 1999 Landlord Contact Information: Name: Address: City: State: Zip: Phone: Fax: Email: Return to: TowerCo 5000 Valleystone Dr. Cary, NC 27519 Fax: (919) 469-5530 Special Instructions/ Comments: AUTHORIZATION AGREEMENT FOR DIRECT DEPOSITS (ACH CREDITS) TOWER ID CA2347 LESSOR NAME I (we) hereby authorize hereinafter called TowerCo, to initiate credit entries and to initiate, if necessary, debit entries and adjustments for any credit entries in error to my (our) Checking Savings account (select one) indicated below and the depository named below, hereinafter called BANK, to credit and/or debit the same to such account. BANK NAME BRANCH CITY STATE ZIP TRANSIT/ABA NO. ACCOUNT NO. This authority is to remain in full force and effect until TowerCo has received written notification from me (or either of us) of its termination in such time and in such manner as to afford TowerCo and BANK a reasonable opportunity to act on it. NAME(S) (PLEASE PRINT) SIGNED X DATE SIGNED X DATE " "'* ATTACH A VOIDED CHECK***** Farm W-9 Request for Taxpayer Give form to the (110M.WOW 2007) Identification Number and Certification requester.Do not Depanmem or see Trneuy send to the IRS. Intemn aevexe seMes NerN lag shown on your Income tax return) N 0 Business name.If dflbrenl from above cp Check appropriate box: ❑ NdNldust(Sola proprietor ❑ Corparallon ❑ Partnership y` ❑ Unded Witty Company.Enter the tax classification(p=dlaregarded entity.Cxorporation,P=partnarship)► ❑ Exempt ❑ ONar hoe Nemcfpnad► Payee Address number,street and a L or stale no c ( p J Reaueatere name and address(options) City,state,and ZIP code mList account numbers)here(optional) 19 Taxpayer Identification Number IN Enter your TIN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid 9oalal eewdty number backup withholding.For Individuals,this Is your Social security number(SS14).However,for a reeldent alien.Sob proprietor,or disregarded entity,see the Part I Instructions on page 3.For other endtiss,g Is your employer Identification number(EIM.If you do not have a number,sea How to get a 1,114 on page 3. Or � Note.If the account Is In more than one name,see the chart on page 4 far guidelines on whose Employer Identification number ' number to enter. WITM Certification Under penalties of perjury,1 certify that: 1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal Revenue Service pRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,gem 2 does not apply. For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual rerrement arrangement{IRA),and generally,payments other than Interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See the Instructions on page 4. Sign literature of Here U.S.parson ► bah ► General Instructions Definition of a U.S, person.For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S,person I you are: otherwise noted. a An Individual who Is a U.S.citizen or U.S. resident alien, e A partnership, corporation,company,or association created or Purpose of Form organized In the United States or under the laws of the United A person who Is required to Me an Information return with the States, IRS must obtain your correct taxpayer Identification number(TINj a An estate(other than a foreign estate),or to report,for example,income paid to you.real estate e A domestic trust(as defined In Regulations section transactions,mortgage Interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt,or Special rules for partnerships.Partnerships that conduct a contributions you made fo an IRA, trade or business In the United States are generally required to Use Form W-g proonly If you are a U.S.person a person a pay a withholding tax an any foreign partners'share of income resident alien),to provide your correct TIN to the person from such business.Further,in certain cases where a Form W-9 mWasting it(the requester)and,when applicable,to: has not been received,a partnership is required to presume that 1.Certify that the TIN you are giving Is correct(or you are a partner Is a foreign person,and pay the withholding tax. wailing for a number to be Issued], Therefore, If you are a U.S.person that Is a partner in a 2.Certify that you are not subject to backup withholding,or partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholdingQ If you are a V.S. status and avoid withholding on your share of partnership exempt payee.If applicable,you ere also certifying that as a imams. U.S. person,your allocable share of any partnership Income from The person who gives Form W-9 to the partnership for a U.S. trade or business Is not sublect to the withholding tax on purposes of establishing its U.S.status and avoidingwghholdi ng foreign partners'share of effectively connected Income. on Its allocable share of net Income from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade or business in the United Stales is In the request your TIN,you must use the requester's form If it is following cases: substantially similar to this Form W-9. a The U.S.owner of a disregarded entity and not the entity, Cat 140 10231X Form W-9 (Rev IO- 0a7) ACORO" -74�-6 (/�9 SBACOMM-01 I CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 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: it 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 riohts to the certificate holder in lieu of such endorsement(s). PRODUCER NON.CT INSURED Brothers Inc PHONE . N . E,m: (4121261-1842 SBA Communications Corporation 8051 Congress Ave. Boca Raton, FL 33487 PMIFOer]FC r`CRTIFICATF NI IAIRFR- RFVI.CIr1N NIIMIRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR ADOLBUBR POLICY NUMBER LICY F0Mnrn FF MCDYI O(P LIMITS .LMLTYPEOFINSURANCE A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR $260,000 SIR EXGL-474MB138 3/75I2021 3/1512022 EACH OCCURRENCE 7501000 �AGETORENTED PREMISM (Ea n fixi 780rggp X MED EXP (Any one non PERSONAL A ADV INJURY a 760,000 GENL AGGREGATE ppLIMIT APPLIES PER: POLICY❑,IEC7 LOC GENERAL AGGREGATE 2,000.000 '� PRODUCTS -COMPADPAGG 1 21000,000 OTHER A LA COMBINED COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY r non X ANY AUTO OWNED SCHEDULED AAI1U�RRTF0�6 ONLY AUTOS CAP-474MB14A 3/15/2021 3115/2022 BODILY BODILY INJURY (Per accident) 6 et eW4eM MADE AUTOS ONLY ANUT060NLV A X ,UMBRELLALWB X OCCUR EACH OCCURRENCE s 15,000,000 AGGREGATE 3 15,000,000 EXCESS LIAB CLAIMS -MADE P-16N37406 3/15=21 3M5/2022 DIED X ' RETENTION$ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' UABIUTYSTATUTE ANY PROPRIETOR/PARTNER/EXECUnVE Y� ppFFFICERRAEMg9ER EXCLUDED? (MeMaro7mNH) N/A UB-4L099102IUB-3L884966 3MGM21 3M512022 X PER OPT E.LEACHACCIDENT 11000,000 E.LDISEASE- EAEMPL 1,000,000 11 My. describe under DESCRIPTKXJ OF OPERATIONS below EL DISEASE - POLICY LIMB 1 000 ggg C Excess Liability PH21EXR9061491C 3/ 3/ 022 Each Occ/Agg 10,000,000 D Prof/P011 (100k SIR) 40 CPI HA64GS 3/15/2021 3115/2022 Claim/Agg 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES 1ACORD 101, Additional Remarks Schedule, may be etMched if mom space is required) If required by written contract, certificate holder will be included as additional insured one primary and noncontributory basis per forms CGD2460419, CAT4740216, and E000010716. if required by written contract, a waiver of subrogation will be provided for Certificate holder performs CG24040509, CAT3400215, E000010716 and WC000313(00), where applicable bylaw. 30 day notice of cancellation provided for certificate holder per forms ILT4050311, ILT4050519, and WC9906R300 when required by written contract. The insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or ' 2. The coverage and/or limits required by said contract or agreement. CERTIFICATE HOLDER -' - -- „:IJIj. CANCELLATION City of Palm Springs S :6 WV 61 8db I Z0Z POGO%Z743 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN -Attn: AR Dept Cq��i►1�� Palm Springs, CA%9M8dS WlvJ d0 ACCORDANCE WITH THE POLICY PROVISIONS. Q A n 31 L? AUTHORIZED REPRESENTATIVE (13L �oa A— - - ACORD 25 (2016103) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO• CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) `/ AootX: 2524712 4/8/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER CONTACT Lockton Companies PHONE FAX . 644'29o-49D6 AA: Ne: 444 W 47th Street, Suite 900 Ano L BBSicertapockonalRnity.com Kansas City, MO 64112-1906 INSURE S AFFORDING COVERAGE RAID INSURERA: AM American Insurance Co. 22667 INSURED Barrett Business Services, Inc. INSURER B INSURERC: L1C/F GLOBAL POWER GROUP, INC. 12060 WOODSIDE AVE LAKESIDE, CA 92040 WSURER 0: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTN TYPE OF INSURANCE ADDLSUBR POUCYNUMBER POLICY EFF MM/DD/YYYY P 1JY EKP LN,RrS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES EaO manes f MED UP (My one person) f PERSONALS ADV INJURY f GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f POLICY ❑ JER& LOC PRODUCTS -COMP/OPAGG f f OTHER AUTOMOBILE LIABILITY OOMBINEDSWGUEUMIT Ea actiEont S BODILY INJURY(Perperson) t ANY AUTO ALL OWNED SCHEWLED AUTOS AUTOS BODILY INJURY (Poracddem) f PPROPPEERTY DAMAGE S HIREDAUTOS NAOONNIED E UMBRELLA LAB OCCUR EACH OCCURRENCE f AGGREGATE S EXCESS LIAB CLAIMS -MADE DIED I I RETENTIONS $ - A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICERIMEMBER EXCLUDEDANY R ECUTIVE Y❑ (Mandafery In NH) _ NIA _ X Cfi8654907 5/12021 _ 5/12022 X STAB ----- EL EACH AC2L f Z�� EL DISEASE-EAEMPLOYE S ZD0D.OD0 Use, deemee under SCRIPTIONOFOPERATIONSOeIDa E.L.DISEASE - POLICY UNITt 2,000,OOD DESCRIPTION OF OPERATIONS I LOCATIONS / VENICLES (ACORD 101, AddMonal Remarks Sehadule, maybe aeaehed N men spa" is regldra l) PO Cy State = CA BlaIXet Waives of Su"atlonin fawr o1 c t,ste wider req trod by written contract The City o1 Pakn Springs, its elected ollioals, clfl rs, employees, agents and volunteers. W day notice or tancellat on provided when possible. i ?13 A113 3HI -i0 301330 City Of Palm Springs rya I f� 3200 E. Tahquitz Canyon Way Z 7 '6 Nn 61 `' Qd\ I ZOZ Palm Springs, CA 92262 SJNIUS HIVd A11C (13A13.)-' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2014101) The ACORD name and logo are registered Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Barrett Business Services, Inc. Policy Number UC/F GLOBAL POWER GROUP, INC. 12060 WOODSIDE AVE Symbol: Number: C68654907 LAKESIDE, CA 92040 Policy Period Effective Date of Endorsement 5/1/2021 TO 5/1/2022 5/l/2021 Issued By (Name of the Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED AuthorizedAgent WC 99 03 22 AGENCY CUSTOMER ID: CN102166225 LOC #: San Francisco AGENCY MARSH RISK & INSURANCE SERVICES POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE RECEIVED Page 2 of 4 NAIC CODE NAMED INSURED -" -' "' ""•"' Tenet Healthcare Corporation Dallas DX 75254 Parkway Dallas, TX 2021 APR 19 AM 9: 52 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: Evidence of Commercial Property Insurance Participating Carriers: NI Risks of Direct Physical Loss or Damage Including Earthquake and Flood excluding Boller & Machinery Policy No.: ZMD2094278-24 Carder. Zurich American Insurance Company Tema: 00172021 to 04101/2022 Unit plo $50.000.000 Primary All Risks of Died Physical Loss or Damage including Earthquake and Flood excluding Boiler & Machinery Policy No.: RPlCFOD029-211 Carder: Everest IndemnBy Insurance Company Term: 04101021 to 04101/2022 Lind[ pro S50,DD0,00D Primary All Risks of Direct Physical Loss a Damage including Earthquake and Flood excluding Boiler IS Machinery Policy No.: B0509BOWPN2150195 Cartel: UoM of London Term 04411021 to 04101/2022 L'mt pyu $50,000,000 Primary AN Risks of Direct Physical Loss or Darrnage including Earthquake and Flood excluding Boiler & Machinery Poky No.: BOMOWPN2150195 Carrier: Lloyds of London Ten: D410112021 to 04101/2022 Limp: pro S50,000,000 Primary Aar Risks of Dead Physical Loss a Damage including Earthquake and Flood excluding Boiler & Machinery Poky No.: BD509BOWPN2150196 Cartier Allied World Assurance Company, LW (Bermuda) Term: 041012021 W 04/0112022 Lint pb $50,000,000 Primary J.-FICE OF TFIc CITY C'. The (Al Risk Policy Number 80509130WPN2150195) placement was made by Boninng Marsh (Bermuda). Marsh USA Inc. has only acted in the role of a consultant to the client with respect In the placement which is indicated here for your convenience All RieM of Died Physical Loss or Damage including Earthquake and F" excluding Boiler & Machinery Poky No.: B0509BOWPN2150195 Cartier: Lloyds of London Tenn: D4101/2021 to 04/01/2022 Limit plo $50,000,000 Primary The ACORD name and logo are registered marks of ACORD 0162-Ot-00-OOOt5t 5-0002-0003534 TION. All rights i AGENCY CUSTOMER ID: CN102166225 LOC #: San Francisco e A�oRo ADDITIONAL REMARKS SCHEDULE Page 9 of 4 AGENCY MARSH RISK & INSURANCE SERVICES NAMED INSURED Tenet Healthcare Corporation 14201 Dallas Parkway Dallas, TX 75254 PDIJCY NUMBER CARRIER RUNIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: Evidence of Commercial Property Insurance AN Risks of Direct Physical Loss or Damage including Earthquake and Flood excluding Boiler & Machinery Policy No.. # B0509BOWPN2150195 Carer Allied World Assurance Go Lid Term: 04101/2021 to 0410112022 Limit : pro $50,000,000 Primary The (All Risk, Policy Number B0609BOWPN2150195 placement was made by Bowing Marsh (Bermuda). Marsh USA Inc. has only acted in the role of a consultant to the client with respect to this placement. which is indicated here for your convenience All Risks of Direct Physical Loss or Damage mucking Earthquake and Flood excluding Baler & Machinery Policy No 00509BOWPN215019 Carrier Lloyds of London Bowing London Term. 0410112021 to U0112022 LOW pro $50.000,000 Primary All Risks of Direct Physical Loss in Damage incuding Earthquake and Flood excluding Boiler & Machinery Policy No: FA0054704-2021-1 Carer: General Secunly Indemnity Company of Arimna SCOR Term. 04101/2021 to 0410112022 Limit plo $50,000,000 Primary AN Risks of Direct Physical Loss or Damage including Earthquake and Flood excluding Boiler 8 Machinery Policy No.. CX D38062141015 Caller Chubb US Term: 0410112021 to 0410112022 Limit plo $50.000,000 Primary AN Risks of Direcl Physical Loss or Damage ecluding Earthquake and Flood excluding Boiler 8 Machinery Policy No.: SLSTPTY11438521 Caries Slav Specially Lines Insurance Tenn: 0410IQ021 W 04/01/2022 Limit: plo $50,000.00D Primary Boiler & Machinery coverage a prow" by Federal Insurance Company.. Policy #76417952 - $50,000,000 Deductible - Property Damage locations with total value less than $10,D00,000 - $100,000 (deductible) Property Damage locaans with total vaWe of $10,000,000 to $100.000,000 - S500K (deductible) Property Damage locations with total vaWe greater $100,000,000 $1 M (deductible) Earthquake and Flood coverage are subject to an annual aggregate. DEDUCTIBLES All kisses. damages or expenses arising cut of any one occurmnce shall be adjusted as one loss. and from the amount of such adjusted loss shall be deducted $1,000,000 Per Occurrence or all ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102166225 LOCO: San Francisco AGENCY MARSH RISK & INSURANCE SERVICES POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Tenet Healthcare Corporation 14201 Dallas Parkway Dallas, TX 75254 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: Evidence of Commercial Property Insurance locations valued over E100,01D0.000 otherwise $50D,D00 All Risk deducible shall apply, incept Earthquake, Flood, Named Windslorm, Budtlars Risk and Inland Transit. Property Damage locations with total value less than $%0D0,000 - $250K (deductible) Property Damage locations with total value of $10,000.00010 $100,000,000 - £5DDK (deductible) Property Damage locations with total value greater $100,000,000 $50,000- $1M (deductible) Other deductibles may apply as per policy terms and conditions. Fine Arts located at Desert Hospital. 1150 N. India Canyon Drive, Palm Springs. CA The City of Palm Springs, its officers, employees and agents are named as Loss Payee as respects the statue Located in front of Desert Hospital Page 4 of 4 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD 0142-01-00-0001515-0003-000(i935 Dear Certificate Holder: As many companies have moved to a remote working environment, mailing Certificates of Insurance to a physical address can cause unnecessary delays in providing you proof of insurance. To streamline deliveryand in an effortto support our firm's commitment to sustainability, going forward, we would like to distribute your Certificates of Insurance electronically if possible. We are kindly requesting Certificate Holders provide us an email address where we tan deliver your COI in the future. Please send your response to: USOperations.emaii@marsh.com and provide the following information so that we can expedite your COI delivery: • Certificate # (Shown below Insured Name —e.g.: ABC- 123456789-01) • E-Mail for future delivery: For undeliverable email addresses, our system is configured to automatically redirect the Certificate for deliveryvia USPS. Lastly, if you no longer need this COI please respond to USOverations.emaii(ramarsh.com with the Certificate number and we will inactive the record in our system to avoid future automatic delivery. Thank you. US Operations, Marsh USA, Inc.