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A3281 - VERIZON WIRELESS GROUND LEASE LA SMSA PACTEL CELL ANGELS STADIUM SPRINT MO5260
_____, I DATE(MMID DNYYY) AC:C:,Rc:,• CERTIFICATE OF LIABILITY INSURANCE ~ 06/27/2025 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 11 the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUC ER CONTACT NAME: Ao n Ri sk services Northeast , I nc. ~nv r,c (866) 283-7122 I r~. No.I: (800) 363-010S New York NY office (AIC. No. Ext): RECEIVED One Li berty Plaza E•MAJL 165 Broadway, suite 3201 ADDRESS : New York NY 10006 USA INSUR ER($) AFFORDING COVERAGE II II n 7 ?n?i:; NAJC # INSURED V INSURER A: LM I nsurance Corporati on 33600 Ve r izon wi rel ess , LLC INSUR ER B: Liberty I nsu rance corporation 42 404 1095 Avenue o f t he AmE(jF¥1CE OF THE CITY CLERK INSURER C: Liber ty Mut ua l Fire Ins co 23035 New York NY 10036 USA INSU RE R 0: INSURER E: INSURER F: CERTIFICATE NUMBER: 570113785320 REVISION NUMBER: COVERAGES THIS IS TO CERTIFY THAT THE POLIC IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND ITION OF ANY CONTRACT OR OTHER DOCUME NT WITH RESPECT TO WHICH THIS CERT IFICATE MAY BE ISSUED OR MAY PERTAI N, THE INS URANCE AFFOR DED BY THE POLICIES DESCR IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested "CTW TYPE OF INSURANC E ,...,u, 'wo POLICY NUMBE R • IM~/00/YYYY' IWJQDIY'fl'{v LIMITS INSO $1 ,000,000 <,; X COMMERCIAL GENERAL LIABILITY TBLo:JlSSU>HH14> Ub/ jU/ ,u,: 1uo/ .:IU/ ,uLt EACH OCCURRENCE .__ D CLAIMS-MADE 0occuR UJ\MI\UI: IV 1'1t:NII t:U $2,000,000 ,___ PREMISES tEa occurrence\ X XCU Coverage i• Included MEO EXP (Any one person) Sl0,000 i--Sl,000,000 PERSONAL & ADV INJURY i--S2 ,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GE NERAL AGGREGATE H □PRO-□Loe $2,000,000 POLICY JECT PRODUCTS · COMP/OP AGG OT1"EA: C AUTOMOBILE LIABILITY AS2-691-SS0588-125 06/30/2025 06/30/2026 COMBINED SINGLE LIMIT S2,000,000 AOS IE• acc/d·-·• 1--AS2 -691-550588-135 06/30/2025 06/30/2026 BODILY INJURY { Per person) C X ANY AUTO i--~ SCHEDULED NH -Primary BODILY INJURY (Per accldenl) OW NED C ~ AUTOS ONLY ...,_ AUTOS TL2-691-550588-185 06/30/2025 06/30/2026 PROPERTY DAMAGE HIRED AUTOS NON-OWNED NH -Excess /Per accident) 1--ONLY I--AUTOS ONLY UMBRELLA LIAB HOCCUR EACH OCCURRENCE i--AGGREGATE EXCESS LIAB CLAIMS-MADE DEDI !RETENTION A WOR KERS COMPE NSATION ANO WA---S69D5505H!!095 : 06/30/ZOZS 06/30/<U<O X I PER STATUTq T~~ EMPLOYERS' LIABILITY Y /N AOS A ANY PROPRIETOR / PARTNER/ EXECUTIVE ~ WC5691550588085 06/30/2025 06/30/2026 E.L. EACH ACCIDENT Sl,000,000 OFFICER/MEMBER EXCLUDED? N /A (Mandatory In NH) WI, MN E.L. DISEASE-EA EMPLOYEE Sl,000,000 iiii~fiW~ 'b1;PERATIONS below E.L. DISEASE-POLICY LIMIT Sl,000,000 DESC RIPTIO N OF OPERATIONS I LOCATI ONS I VEHICL ES (ACORD 101, Additional Remarlc s Schedule, may be attache d If more space Is required) RE : Contract # 190682-0, GL Location: 120875, Site Name: Palm Springs located at 1901 East Baristo Road , Palm Spri ngs. City of Palm springs i s incl uded as Additional I nsured with respect to the General Liabil i ty policy. CERTIFICATE HOLDER city of Palm Springs Attn: City Clerk 3200 East Tahquitz canyon way Palm Springs CA 92262 USA ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LL ED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All r i ghts reserv ed. The ACORD name and logo are registered marks of ACORD ~ i: Q> !! ... Q> ,:, 0 :I: t~ m * * 0 "' i M 0 z I 'f Q> u AGEN CY C USTOMER ID : 570000027366 LOC #: ~ AC:0RD9 ~ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Ao n Risk services Northeast, Inc. Verizon wireless, LLC 1---------------------------4 POl.lCY NUMBER see certificate Number: 57011 3785320 CARRIER NAIC CODE see certificate Number : 570113785320 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACO RD FORM , FORM NUMBER : ACORD25 FORM TITLE: Certificate of Liability Insurance INSURER($) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page_ of_ I ADDITIONAL POLICIES If a policy below does not include limit information , refer to the corresponding policy on the ACORD I certificate form for poli cy limits. INSR POLICY POLICY AODL SUBR POLICY NUMBER EFFECTIVE EXPI RAT ION LIMITS LTR T YPE OF INSURANCE INSD WYO DATE DATE (MM/DDNYYY) (MM/DDNYYY) WORKERS COMPENSATION B N/A WA769D550588075 06/30/2025 06/30/2026 MA ACORD 101 (2008/01) IC> 2008 ACORD CORPORATION. All rig hts reserved. The ACORD name and logo are registered mark s ol ACORD Certificate No: 570110014122 City of Palm Springs Office of the City Clerk PO Box 2743 Palm Springs CA 92263 USA Tuesday, December 24, 2024 To whom it may concern: RECEIVED DEC 3 U 2024 OFFICE OF THE CITY CLERK SON Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570110014122) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 L CERTIFICATE OF PROPERTY INSURANCE I oATE 12/23%2024 ) 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. PRODUCER AOn Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, suite 3201 New York NY 10006 USA INSURED verizon wireless, LLC 1095 Avenue of the Americas New York NY 10036 USA I,",TN;- ow „ C866) 283-7122 1 ;� (800) 363-0105 1 IDe. 570000027366 INSURERA:. Zurich American Ins CO INSURER B: INSURER C: INSURER D: INSURER F: LOCATION OF PREMISES! DESCRIPTION OF PROPERTY (Aaach ACORD 101, Additional RemaMi schedule, It more space Is required) RE: Site Name: Palm Springs, Location Code: 221849, Address: 1.116 Maricopa Highway, Ojai, CA 93023. 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIODIYYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY LIMITS A X PROPERTY DEDUCTIBLES PPR , 12 31 2024 12/31/2025 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRAEXPENSE RENTALVAWE BLANKETSUILDING BLANKET PERS PROP BLANKET BLDG & PP CAUSESOFLOSS BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE X $10,000,000 WIND FLOOD Slid PP Dad INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY/ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS [OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, maybe attached it more apace is required) Named insured includes: L05 Angeles SMSA Limited Partnership dba verizon wireless. All risk property subject to policy terms, conditions and exclusions. waiver of Subrogation applies to the Property policy as required by written contract. CERTIFICATE HOLDER city of Palm springs office of the City Clerk PO Box 2743 Palm Springs CA 92263 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. �1!111Ma / 0: W m Z Z LU U LL F Ud W U ©1995.2015 ACORD CORPORATION. All rights reserved., ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570110015803 AON City of Palm Springs Office of the City Clerk PO Box 2743 Palm Springs CA 92263 USA Tuesday, December 24, 2024 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570110015803) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 CERTIFICATE OF PROPERTY INSURANCE 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES' NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER AOn Risk Services Northeast, Inc. New York NY Office one Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006USA INSURED verizon communications Inc. 1095 Avenue Of the Americas New York NY 10036 USA �C.—Na Ealo (866) 283-7122 ML DRESS. ER )STOMER ID s: 570000027366 STOM INSURER(S) AFFORDING C INSURERA: Zurich American Ins c0 (800) 363-0105 LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Anson ACORD 101, Additional Remade Schedule, If more space is required) Named Insured Includes: LOS Angeles SMSA LP. RE: Contract No. 35042, Site Name: Palm Springs, Address: 1116 Maricopa Highway, Ojai, CA 93023, Location .code: 221849. 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 MATHAVE BEEN REDUCED. BY PAID CLAIMS. . INSR LTR TYPE OFINSUflANCE POLICY NUMBER POLICYEFFECTIVE DATE(MMIDD/YYYY) POLICY EXPIRATION DATE (MMIDD/VYYYI COVERED PROPERTY LIMITS A X PROPERTY OF LOSS DEDUCTIBLES PPR 1 31 2024 12 31 2025 BUILDING PERSONA -PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTALVALUE BLANKETSUILDING BLANKET PERS PROP BLANKET BLDG & PP CAUSES BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE - WIND X '.$10,000,000 FLOOD Slid PP Ded INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY EQUIPMENT BREAKDOWN SPECIAL CONDITIONS /OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached If mom space is required) All Risk Property subject to policy terms, conditions and exclusions. waiver of Subrogation applies to the Property policy as required by written contract. CERTIFICATE 1' city of Palm Springs Office of the city clerk PO Box 2743 Palm Springs CA 92263 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Lu W CO Z Z W Q U LL OC W U ©1995.2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570110015799 City of Palm Springs 2300 E. Tahquitz Canyon Way PO Box 2743 Palm Springs CA 92263 USA Tuesday, December 24, 2024 To whom it may concern: RECEIVED DEC 3 U 2024 OFFICE OF THE CITY CLERK SON Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570110015799) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 CERTIFICATE OF PROPERTY INSURANCE 1 DATE 12/23�/2024 Y' 024 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office one Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURED verizon Communications Inc. 1095 Avenue of the Americas New York NY 10036 USA 'Z,—'R., P., (866) 283-7122 (�e,r. ,, (800) 363-0105 a 570000027366 INSURERA: Zurich American Ins Co LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Anach ACORD 101, Additional Remarks Schedule, If mom space Is n iaxp Named Insured Includes: LOS Angeles SM5A LP. RE: Site Address 1901 E. Baristo Road, Palm Springs, CA 92262, Location Code: 120875. 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM,DD;YYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) COVERED PROPERTY LIMITS A X PROPERTY OF LOSS DEDUCTIBLES Pa 1 T7O 12/31/2025 BUILDING PERSONALPROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PEAS PROP BLANKET BLDG & PP CAUSES BASIC BUILDING BROAD % SPECIAL CONTENTS EARTHQUAKE WIND X $10,000,000 FLOOD Blkt PP Dad rT- INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY/ EOUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES ACORD 101, Additional Remarks Schedule, may he attached it more epee ie required) All Risk Property subject to policy terms, conditions and exclusions. waiver of Subrogation applies to the Property policy as required by written contract. r' City of Palm Springs 2300 E. Tahquitz Canyon way PO Box 2743 Palm Springs CA 92263 USA 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 {.4 yattao '."ra44W ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570110014130 City of Palm Springs Attn: City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 USA Tuesday, December 24, 2024 To whom it may concern: RECEIVED DEC 3 U 2024 OFFICE OF THE CITY CLERK AON Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570110014130) for future renewals: - Visit aon.com/e-cert; or - Utilize the OR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 M CERTIFICATE OF PROPERTY INSURANCE I DATE 12/23/20/DD024 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. PRODUCER NAMOy Aon Risk services Northeast, Inc. PHONE (866) 283-7122 New York NY Office (At. No. Ed): One Liberty Plaza EAWL 165 Broadway, suite 3201 ADOR New York NY 10006 USA PRODUCER CUSTOMER ID 570000027366 P: INSURED INSURERA: Zurich American Ins Co verizon wireless, LLC INBURER B: 1095 Avenue of the Americas INSURERC: New York NY 10036 USA INSURER D: INSURERF: LOCATION OF PREMISES' DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional RemaMs Schedule. U more space Is iepuimd) Named Insured Includes: LOS Angeles SMSA LP dba Verizon Wireless. RE: For new cell site: Spa Casino, Location Code: 159533; Address: 295 S. Indian Canyon, Palm Springs, CA 92262. 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 LTR TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE(MWDDNYYY) POLICY EXPIRATION DATE (MMlDDNYYY) COVERED PROPERTY LIMITS A X PROPERTY CAUSES OF LOSS DEDUCTIBLES PPR - 12 31 202 .. 1 31 20 5 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRAEXPENSE RENTALVALUE' BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG a PP BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHOUAKE WIND X $10,000,000 FLOOD Bill PP Oed INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICYNUMBER CRIME TYPE OF POLICY BOILER a MACHINERY/ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, maybe attached it more space Is required) Business income is included under the Personal Property Limit. Awaiver of Subrogation is granted in favor of Certificate Holder Lin accordance with the policy provisions Of the Property policy. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs Attn: city Clerk .. 3200 East Tahquitz Canyon way j Palm .Springs CA•92262 USA ti R W m Z LU W Q U LL cc OC W U ©1995.2015 ACORD CORPORATION. All rights reserved. ACORD24 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570106496030 AON City of Palm Springs Attn: City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 USA Thursday, June 20, 2024 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570106496030) for future renewals: - Visit aon.com/e-cert; or - Utilize the OR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. Aon Risk Services 5801 Postal Road PO Box 818037 Cleveland, Ohio 44181-9600 .1 M...■ll r �r CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDM M 06/18/2024 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(les) must have ADDITIONAL INSUREDprovisions 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 tothe certificate holder in lieu of such endorsement(s). PRODUCER • Aon Risk Services Northeast, Inc. New York NY .Office CONTACT NAME:PHONE - - - (NC. No. Ext): (866). 293-7122 AAX No.: (800) 363-0105 E-MAIL ADDRESS: ' One Liberty 'Plaza - ' 165 Broadway, Suite 3201 INSURER(S) AFFORDING COVERAGE NAIC # New York NY 10006'USA INSURED - INSURERA: LM Insurance Corporation 33600 verizon wireless, LLC 1095 Avenue of the Americas New. York NY 10036 USA INSURER 8: Liberty Insurance Corporation -42404 INSURER C: Liberty Mutual Fire Ins Co 23035 INSURER 0: - INSURERE: INSURER F: COVERAGES I CERTIFICATE NUMBER: 570106496030 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 CONTRACTOR 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. Limits. shown are as requested INSH LTR TYPE OF INSURANCE INSD WVD POLICY NUMBEfl MWOOIYYY MMIDDIVYYEACH LIMITS % COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR XCU Coverage IS Included TB - OCCURRENCE $1,000,000 PREMISES Ea occurrence $2, 000, 000 X MED EXP (Any one Person) $10, 000 PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: % POLICY �JEo- LOG OTHER: GENERALAGGREGATE $2.000, 000 PRODUCTS COMP/OPAGG $2, 000, 000 C 0 O AUTOMOBILE LIABILITY % ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY AS2-691-550588-124 ADS AS2-691-550588-134 NH - Primary' TL2-691-55058E-184 NH - EXcesS 06/30/2024 06/30/2024 06/30/2024 06/30/2025 06/30/2025 06/30/2025 COMBINED SINGLE LIMB- Ea accide t - _ $2, 000, 000 BODILY INJURY (Per person) BODILY INJURY (Par accident) PROPERTYOAMAGE Per accident UMBRELLALIAB EXCESS LIAR OCCUR CLAIMS -MADE - EACH OCCURRENCE AGGREGATE, DEDI IRETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERN5MBER EXCLUDED? El (Mandatory inNH) If Yyes dascnbeunder' DESdRIPTION OF OPERATIONS below NIA WA569D$ 0588094 AOS WC5691550586084 WI, MN 06/30/2024 06/30/2024 06/30/2025 66/30/2025 X PERSTATUTE Oq ` E.L EACH ACCIDENT - $1,000,000 E.L DISEASE -EA EMPLOYEE - $1,000,000 E.L DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare space Is required) RE: Contract # 190682-0. GL Location: 120875, Site Name: Palm Springs located at 1901 East Bari Sto Road, Palm Springs. City of Palm Springs is included as Additional Insured with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BEDELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE Attn: City Clerk 3200 East Tahqui tz Canyon Way i� . 7 � � Palm Springs 'CA 92262 uSA. �j�OW 0 M ca 0 0 m yr. G' iz— ff 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 ' LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY - - - - -. Aon Risk services Northeast, Inc. NAMEDINSURED- - - .verizon wireless, LLC POLICY NUMBER' See Certificate Number: 570106496030 .CARRIER - See Certificate Number: 570106496030 NAIC CODE EFFECTIVE DATE: nvvn ivnn� nr=mnnna THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TOAC FORM NUMBER: ACORD 25 FORM TITLE: Certificateof INSURER(S) AFFORDING COVERAGE INSURER ` INSURER INSURER, ADDITIONAL POLICIES If a policy below does certificate form for po NAIC # ,g policy on the ACORD I INSR LTR TYPEOFLNSURANCE ADDL INSD SUBR wVD' POLICYNUMBER POLICY EFFECTIVE DATE (M1iMo)D/YYYY). POLICY EXPIRATION DATE (AIM/DD/YYYY) LIMITS WORKERS COMPENSATION- R N/A WA769D550588074 MA 06/30/2024 06/30/2025 I I ACORD 101 (2000/01) ® 2008 ACORD CORPORATION. All rights reserved. I ne Auumu Dame eno IOgo am regletere0 marKs OI AuuHu AFRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOM'YV) 06/182024 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). PRODUCER Aon Risk services Northeast, Inc. REV CEIVED New York NY Office CONTACT AME. NPHOW _ Fp% (AC.W.Erd): (866) 283-7122 AC. No.: (800) 363-0105 E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 JUL 2�21. New York NY 10006 USA Uo Li INSURER(S) AFFORDING COVERAGE NAIC9 INSURED CITY SURER A: LM Insurance COrpOrdt100 33600 Verizon Wireless, LLC OFFICE OF THE 1095 Avenue of the Americas New York NY 10036 USA INSURERS: Liberty Insurance Corporation 42404 INSURER C: Liberty Mutual Fire Ins Co 23035 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106475843 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. Limits shown are as requested TR TYPE OFINSURANCE INSD WVD POLICY NUMBER MMIDDIYYY MMIDDIYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑% OCCUR ICU Coverage is Included TB EACH OCCURRENCE $1, 0001006 PREMISES Ea..no.S2,000,000) X MEN EXP (Any one Person) $10, 000 PERSONAL a ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: % PRO ❑LOC POLICY ❑ ECT OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 C C C AUTOMOBILE LIABILITY x ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NOWOWNEO ONLY AUTOS ONLY As2-691-550588-124 ADS A52-691-550588-134 NH - Primary TL2-691-550588-184 NH - Excess 06/30/202406/30/2025 06/30/2024 06/30/202406/30/2025 06/30/2025 CC%mINEeDstNGLE LIMIT fEa.mL. $2,000,000 BODILY INJURY (Per perm,) BODILY INJURY (Per amidenp PROPERTY DAMAGE Par amidenl UMBRELLA EXCESS LIAB OCCUR CLAMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER I EXECUTIVE YIN OFFICER�MEMBER EXCLUDED? (Mandatory In Nip tl DEYesSCdaIPmTIO'0eN uOFnderOPERAiaJN3 below R NIA WAS69DS50588094 A05 Wc5691550588084 WI, MN 05/30/ZO24 06/30/2024 06/30/ZOZ5 06/30/2025 X PERSTATUTE OTRH E.L. EACH ACCIDENT $1, 000, 000 E.L. DISEASE -EA EMPLOYEE $1,000,00C E.L. DISEASE -POLICY LMIT $1,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addidoml Remarks Schedule, may be aaeahed H more spa" in required) RE: Contract # 190682-0, GL Location: 170875, site Name: Palm Springs located at 1901 East Baristo Road, Palm Springs. City of Palm Springs is included as Additional Insured with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCR18ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm springs I AUTHORIZED REPRESENTATIVE Attn: City clerk Palm East Tahqui tz Canyon Way s� a7L eyll 191401a R Palm springs CA 92262 USA M El 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 5700000273615 LOC'#: A ADDITIONALREMARKS SCHEDULE Page _ of _ AGENCY - Aon Risk services Northeast, Inc. • NAMED INSURED. - verizoo wireless, LLC - " POLICY NUMBER See Certificate Number: 570106475843 CARRIER - - see Certificate Number: 570106475843 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM .ISASCHEDULE TOACORDFORM, FORM NUMBER: ACORD 25 F.ORM TITLE: Certificate of Liability Insurance ' d eI INSURERS) AFFORDING COVERAGE NAIC # INSURER II ADDITIONAL POLICIPS' If a:policy below doesnot include limit information, refer to the corresponding' policy on the ACORD certificate form for policy limits.' INSR LTR TYPE OF INSURANCE 'ADDL INSD' SUER WVD POLICYNUMEER POLICY EFFECTIVE DATE (MMRIDN/YYYY) POLICY EXPIRATION DATE IMMR)D/YYYYJ LIMITS WORKERS COMPENSATION E N/A WA769DS50588074 MA 06/30/2024. 06/30/2025. I All rinhLv rwearvntl The ACORD name and logo are registered marks of ACOHD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D0/1'YYY) OWOOE4 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). PRODUCER AOn Risk Services Northeast, Inc. NEW York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA RECEIVED CONTACT NAMEPHONE (AO. No. E.t): (866) 293-7122 IC (800) 363-0105 EMAIL ADDRESS: INBURER(S)AFFOflON1/3 COVERAGE NAIL# INSURED Cellco Partnership dba verizon wirel ass JUL 0 1 2024 1095 Avenue of the Americas New York NY 10036 USA INSURERA: UM Insurance corporation 33600 INSURER B: Liberty Insurance Corporation 42404 INSURER C: Liberty Mutual Fire Ins CO 23035 OFFICE OF THE CITY CLE URERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106400193 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. Limits shown are as requested INSIR LTR TYPE OF NISUTANCE AIM I POLICY NUMBER MWOD/YY1'Y MWD LIMITS X COMMERCIAL GENERAL LIABILITY B EACH OCCURRENCE $2,000,000 CLAIMS -MADE ❑X OCCUR PREMISES Ea occurrence $2,000, 000 X MED EXP (Any ale person) $10, 000 XCU Coverage u lmlu PERSONAL B ADV INJURY S2,000,000 GENLAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑TEST E]LOC PRODUCTS- COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea wxIcWrrfi ANY AUTO BODILY INJURY ( Per person) OWNED SCHEDULED AUTOS ONLY AUTO$ HIREDAUTOS NON OWNED ONLY AUTOS ONLY BODILY INJURY (Per acekeM) PROPERTY DAMAGE Per aoRdent UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR C1-AIMS4AADE AGGREGATE DED RETENTION A A WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROWMEMBEB EXCLU EDP�CDT� OFF(Mandatoryln NH) DYes, describe under DESCRIPTION OF OPERATIONS beb NIA WA569DS50588094 ADS WC5691550588084 WI, MN 0 06/30/2024 06/30/2025 X PER STATUTE I OTR ER E.L. EACH ACCIDENT $1,000,000 E.1- DISEASE -EA EMPLOYEE S1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Admilonal Remarks Schedule, may W enMcsed If more apace Is required) RE: Contract No. 35042, GL# 120875, Site Name: Palm Springs, Site Address: 1901 East earistO Road, Palm Springs CA. City of Palm springs is included as Additional Insured with respect to the General Liability, policy. The General Liagflity policy shall apply as Primary insurance to each Additional Insured listed herein. where pe rmftted by law, the Named Insured parties listed herein waive all rights against the City of Palm Springs for recovery of damages to the extent these damages are covered by the workers' Compensation policy referenced herein and, as further limited by written contract between the parties. NU O Z V r O U CERTIFICATE HOLDER CANCELLATION in. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r r; City of Palm Springs AUTHORIZED REPRESENTATIVE office of city clerk PO Box springs t r4 Js Palm Sprrings CA 92263 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016,03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 LOC #: ADDITIONAL REMARKS SCHEDULE Pace _ of AGENCY - Aon Risk Services Northeast, Inc. NAMEDINSUREO - Cellco Partnership dba Verizon Wireless - ' POLICYNUMBER See Certificate Number: 570106400193 CARRIER - see certificate Number: 570106400193' NAIC CODE EFFECTIVE DATE: ADDITIONAL HEMARK5 FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC`# INSURER INSURER INSURER INSURER _. ... - ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTA TYPE OF INSURANCE ADDL INSD SUDR 1VVD POLICYNUAIBER POLICY EFFECTIVE DATE (NiM/DD/YYYY) POLICY EXPIRATION DATE U11I,VDDlYYI'YJ LIAIITS WORKERS COMPENSATION B - -. - N/A WA769D550589074 - MA 06/30/2024 06/30/2025 I ACORD 101 (200a/01), 02008 ACORD CORPORATION. All rights reserved. me Awnw name anO logo are regIS ereu mRIKS or AUUHU - CERTIFICATE OF LIABILITY INSURANCE DATE/�DODZ/YVVV) 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office CONTACT NPHONE AME: (AIC.No.Exl): (866) 283-7122 Fac No): (B00) 363-0305 E�,WL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 RECEIVED INSURER(S) AFFORDING COVERAGE NAIC C New York NY 10006 USA INSURED JUL O 4 INSURER A: LM Insurance Corporation 33600 Los Angeles SMSA LP 1 dba verizon wireless 1095 Avenue of the Americ'OFFICE OF THE CITY CLER New York NY 10036 USA INSURER B: Liberty Insurance Corporation 42404 INSURER C: Liberty Mutual Fire ins Co 2303s INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106429882 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. Limits shown are as requested LTR TYPE OF INSURANCE 'NIM WIN POLICY NUMBER MWDO/YYYY MMIDDIYYY LIMITS % COMMERCIAL GENERAL UABILRY CLAIMS -MODE E OCCUR XCU Coverage is Included B EACH OCCURRENCE $15,000,000 PREMISES Ea occurrence $15,000,000 X MED EXP (Any one person) $10, 000 PERSONAL& ADV INJURY $15,000,000 GENLAGGREGATE LWITAPPLIES PER: IPOLICY DJ'E�CT LOD OTHER: GENERALAGGREGATE $15,000,000 PRODUCTS COMP/OPAGG s15,000,000 C C C AUTOMOBILE LIABILITY % ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NONgWNED ONLY AUTOS ONLY AS2-691-550588-124 ADS AS2-691-550588-134 NH - Primary TL2-691-550588-184 NH - EXCess 06/30/202406/30/2025 06/30/2024 06/30/202406/30/2025 06/30/2025 COMBINED SINGLE LIMIT Me =Jdent) $15,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per eccdanl UMBRELLA LIM EXCESS LIAR OCCUR CIAIMS-MADE I EACH OCCURRENCE AGGREGATE ICED RETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER I EXECUTIVE YIN OFFICELMEMBEREXMUM07 N (Mandatory In MR II Yes describo under DESCRIPTION OF OPERATIONS below NIA WA D 9 AOS wc5691550588084 WI, MN 4 O6/30/2024 06/30/2025 X PER STATUrE TH- E L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddMonal Remarks Schedule, m q ha anached N more specs Is required) RE: Site Name: Palm Sprin s, Location Code: 221849, Address: 1116 Maricopa Highway, Ojai, CA 93023. The City of Palm Springs, its officials, employees and agents are included as Additional Insured with respect to the General Liability policy. �f 0 0 n N CERTIFICATE HOLDER CANCELLATION _'.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs AUrHONQED REPRESENTATIVE Office of the City Clerk PO Box 2743 Palm Springs CA 92263 USA C1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCXCUSTOMER ID: 570000027366' LOC #: �✓ ADDITIONAL REMARKS, SCHEDULE Page _ of _ .AGENCY Aon'Risk Services Northeast,'Inc. NAMED INSURED - - LOS'Angeles SMSA LP ' POLICYNUMSER. See certificate Number: 570106429882 CARRIER - - - See Certificate Number: 570106429882 MAID CODE EFFECTIVE DATE: - - ADDITIONAL REMARKS THIS. ADDITIONAL REMARKS FORM IS'ASCHEDULE TO ADDED FORM, ' FORMNUMBER: ACORD 25 'FORM TITLE: Certificate oftlability Insurance - INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER BJSR LTR - TYPE OF DJSURANCE AnOL ,WSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (M11M11/DD/YYYY) POLICY EXPIRATION DATE , (111M1UDD/YYY1 LQNI7S - ACORO name and logo are registered marks of ACORO Policy Number TB2-691-550588-144 COMMERCIAL GENERAL LIABILITY' CIS 20 26 12 19 THIS ENDORSEMEINT'CHANGES THE POLICY PLEASE READ IT CAREFULLv ADDITIONAL INSURED -::DESIGNATED PERSON OR ORGANIZATION. -This.endorsement modifies insurance, provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement.you have entered into. x x Information'reauired to complete this Schedule. if not shown above. will be shown in the' Declarations. A: Section II — Who Is An Insured; is ,amended to B: With respect to the insurance afforded to these .' include as an additional, insured the .person(s) or _ additional insureds, the following is added -to organization(s) shown.in the Schedule, but only Section III — Limits Of Insurance: With respect to^liability for "bodily injury", "property If coverage -provided to the additional' insured is damage or personal, and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the ' omissions or the acts or omissions of those acting amount of insurance:' on your behalf: 1. In the penormance of your ongoing operations; 1.-Required�by the contract or agreement; or- - or 2 Available, under the : applicable limits of 2. In connection with your premises owned by or insurance; rented to you. whichever is less. However: This, ':endorsement ` shall' not. increase"r the'-. applicable.limits of insurance. 1. The, insurance, afforded to such additional •' insured only applies to the extent permitted by , law; and 2. If. coverage provided to the additional insured is ° required by a contract, "or agreement, the insurance afforded to such additional insured Will. ;not be broader than that -which you are E required by the contract or agreement to provide for such additional insured. CG 20 2612 19 © Insurance Services Office, Inc.; 201$ Page 7 of 1 V "k �'® CERTIFICATE OF LIABILITY INSURANCE DATE(MMODMYY D6118/2024 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 INSURERS), 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). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME. PHONE INC. No. ExO; (866) 283-7122 No ; (800) 363-0305 One Liberty Plaza RECEIVED one Broadway, Suite 3201 E-MAIL ADDRESS: New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAICa INSUREDJut U INSURER A: LM Insurance Corporation 33600 LOS Angeles SMSA LP dba verizon Wireless 1095 Avenue of thej�Qpppp�l OF THE CITY CLERK INSURER B: Liberty Insurance Corporation 42404 Nu INSURER C: Liberty tua Fire Ins Co 23035 New York NY 10036 Lkli r INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570106429852 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. Limits shown are as requested Lin TYPE OFINSUflANCE INSD WVD BUSH POLICY NUMBER MWDDIYYYY D LIMITS X COMMEflCIAL GENERAL LIABILITY TB EACH OCCURRENCE S5,000,000 CLAIMS -MADE ❑X OCCUR PREMISES Ea oaurrerKe S5, DOD, D00 X MED EXP (Any one person) $10, 000 ICU CweraOe H Included PERSONAL ADV INJURY $5,000,000 GENLAGGREGATE UMMAPPLIES PER: GENERALAGGREGATE $5,000,000 X POLICY ❑ PEa 0 LOC PRODUCTS - COMP/OP AGO $5,000,000 OTHER: C AUTOMOBILE UAeILITY AS2-691-550588-124 06/30/2024 06/30/2025 COMBINED SINGLE LIMIT f11000, 000 ADS BOOIYINJURY(Per Pelson) C x ANYAUTO AS2-691-S50588-134 06/30/2024 06/30/2025 BODILY INJURY F. eoaldem) C OWNED SCHEDULED AUTOS ONLY AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY NH - Primary TL2-691-550588-184 NH - EXCe55 06/30/2024 06/30/2025 PROPERTY DAMAGE Per eaJdent UMBRELLA LMB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB H CLAW -MADE DEO I RETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANV PROPRIETOR I PARTNER I EXECUTIVE YIN OFFICERP.IEMBER EXCLUDED? N (Merdetory h NM If yea deer uncle, DESCRIPTIONOFOPERATIONSW1ow NIA wA D55 4 ADS WC5691550588084 WC5 WI, MN O6/30/2024 O6/30/202$ X I PER STATUTE OTH. E.LEACHACCIDENT $1,000,000 E.L DISEASE EA EMPLOYEE $1,000,000 E.L. DSEAS&POUCY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A0,110MM Renwka ScMduM, may W MAtlled N mme apace M required) RE: Site Address: 1901 E. Baristo Road, Palm Springs, CA 92262, Location Code: 120875. The City of Palm Springs, its officials, employees and agents are included as Additional Insured with respect to the General Liability and Automobile Liability policies. The General Liability and Automobile Liability policies shall apply as Primary and Non -Contributory Insurance to each Additional Insured listed herein. where permitted by law, the Named Insured parties listed herein waive all rights against the Certificate Holder for recovery of damages to the extent these damages are covered by the workers' Compensation policies referenced herein and, as further limited by written contract between the parties. u 0 N Z U CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. cityy of Palm Springs AUTHORIZED REPRESENTATIVE 2300 E. Tahquitz Canyon way Po Box 2743 Palm Springs CA 92263 USA 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:, 570000027366 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of '— AGENCY AOn Risk services Northeast, Inc. NAMED INSURED Los Angeles SMSA LP' ' ' POLICY NUMBER See Certificate Number: 570106429852 CARRIER - see Certificate Number: 570106429552' NAIC CODE. EFFECTIVE DATE;' .The ACORD name and logo are registered marks of ACORD Policy Number TBM91-550588-144 COMMERCIAL GENERAL LIABILITY . CG 20 261219 THIS ENDORSEMENT: CHANGES THE POLICY. 'P,.LEASE READ' IT CAREFULLY. ADDITIONAL" INSURED .DESIGNATED PERSON OR ORGANIZATION This endorsementmodifies insurance provided under the following: ; COMMERCIAL GENERAL, LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you become obligated to include as an, additional insured as a,result of any contractor agreement you have entered into. Information re uired to complete this Schedule, if not shown above, wilfbe shown in the. Declarations. A. Section 11 — Who Is An 'Insured is amended to B. With- respect to the insurance afforded to these include as an`additional insured the person(s) or additional insureds, the following is added' to organization(s) shown'in the Schedule, but only, Section III — Limits -Of Insurance: with respect to'liability,for "bodily injury", "property If coverage provided.to the additional insured is damage' or 'personal and advertising injury required by contract or'agreement, the most we caused, in whole or`in part, :by your acts "or will pay on behalf of the additional insured. is'the omissions or the acts or omissions of those acting amount;ofinsurance: on your behalf I. In the performance of your ongoing operations; 1.. Required by the contract or -agreement, or:-- _. or 2. Available under the applicable limits, of 2.'In connection with your premises owned by or insurance; rented to you. whichever is Jess. • However: This •endorsement' shall not increase• the applicable limits of insuranoe. 1., .The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by. a contract or agreement, the insurance afforded ao such 'additional insured will' not be broader than that which you are required by the contract or, agreement to provide for such additional insured. CG 20,2612 19 ©Insurance.. Services Office, Inc;'2018 Pagel of 1, COMMERCIAL'GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ1T'CAREFULLY. PRIMARY AND NONCONTRIBUTORY .OTHER'INSURANCE. CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETEUOPERATIONS LIABILITY COVERAGE PART The following is added to the Other 'Insurance' (2), You have agreed in writing in a contract or Condition" •and supersedes any ;provision to the agreement .that this- insurance, would • be, contrary: primary and would :not seek contribution . Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is ,primary, to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: , (1) The additional insured'is a Named 9risured under such otherinsurance;.and' CONTRACT ABSTRACT Contract Company Name: Base Consulting SMSA Partnership dba (Verizon Wireless) Company Contact: Tod Petty Summary of Services: Request for Authorization from Landlord (City) NOTE: THIS IS A REQUEST FROM TENANT WITH GROUND LEASE FOR CITY'S CONSENT TO MAKE MODIFICATIONS ON WIRELESS TOWER AT 1901 E. BARISTO RD. (See Section 7.1 of Lease attached) . ALL PLANNING AND BUILDING APPROVALS HAVE BEEN RECEIVED PER ATTACHMENTS. Contract Administration Lead Department: Contract Administrator: Contract Approvals Community & Economic Development Diana Shay Council/ Community Redevelopment Agency Approval Date: 4-3-2019 Item 1 L Minute Order/ Resolution Number: Agreement No: A3281 Contract Compliance Exhibits: Included Signatures: Included Insurance: n/a Bonds: n/a Contract prepared by: Community & Economic Development Department Submitted on: 1-9-23 By: Diana Shay OJBASE CONSULTING December 15, 2022 Diana Shay Redevelopment Coordinator City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Wireless Communications Facilities Site Lease (the "Lease"), dated May 2, 2019, by and between City of Palm Springs ("Landlord") and SMSA Limited Partnership, d/b/a Verizon Wireless ("Verizon Wireless"), covering the leased site located at 1901 East Baristo Rd, Palm Springs (the "Premises") — Verizon Wireless Site Name / Location Code: Palm Springs / 120876 Dear Diana: The purpose of this letter is to obtain Landlord's written consent, pursuant to Paragraph 7.1 of the Lease, to certain proposed modifications by Verizon Wireless to its equipment located on the communications tower on the Premises as described herein below. Verizon Wireless hereby requests your consent to the following equipment modifications: EQUIPMENT TO BE ADDED: • (2) 12" MW dishes installed on the roof of their shelter. Please indicate Landlord's consent to the proposed modifications by signing in the space provided below. Please return one original signed copy of this letter to tod(a.baseconsultinoco.com. Should you have any questions or require additional information, please do not hesitate to call at 714- 292-6542 or email at tod a( )baseconsultingco.com. Sincerely, Tod Petty Base Consulting AGREED TO AND ACCEPTED BY: City of Palm Sprin s APPROVED AS TO FORM NanV: Its:7n m Date: 2rJ CIfY ATfOANEY H City Clerk Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Contract Administration Lead Department: Contract Administrator: CONTRACT ABSTRACT Base Consulting for Los Angeles SMSA dba Verizon Wireless Tod Petty Landlord consent for modifications at wireless tower n/a (ground lease with revenue to City) n/a 5 years with one 5 year extension option (to October 1, 2028) Community and Economic Development Diana Shay Contract Approvals Council/ Community Redevelopment Agency Approval Date: 4-3-2019 Agenda Item No./ Resolution No.: 1 L Agreement No: 3281 Contract Compliance Exhibits: included Signatures: included Insurance: included Bonds n/a Contract prepared by: Community and Economic Development Department Submitted on: 11-3-2021 By: Diana Shay Note: City Clerk please file a copy in your agreement file when executed. October 8, 2021 Diana Shay Redevelopment Coordinator City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Wireless Communications Facilities Site Lease (the "Lease"), dated May 2, 2019, by and between City of Palm Springs ("Landlord") and SMSA Limited Partnership, d/b/a Verizon Wireless ("Verizon Wireless"), covering the leased site located at 1901 East Baristo Rd, Palm Springs (the "Premises") — Verizon Wireless Site Name / Location Code: Palm Springs / 120875 Dear Diana: The purpose of this letter is to obtain Landlord's written consent, pursuant to Paragraph 7.1 of the Lease, to certain proposed modifications by Verizon Wireless to its equipment located on the communications tower on the Premises as described herein below. Verizon Wireless hereby requests your consent to the following equipment modifications: EQUIPMENT TO BE REMOVED: • REMOVE (6) EXISTING VERIZON WIRELSS (6) PANEL ANTENNA FROM EXISTING MONOPOLE • REMOVE (6) EXISTING VERIZON WIRELESS RRUS FROM EXISTING MONOPOLE • REMOVE (3) EXISTING VERIZON WIRELESS RRUS12 FROM EXISTING EQUIPMENT SHELTER • REMOVE (3) EXISTING VERIZON WIRELESS RUL01 B13 FROM EXISTING EQUIPMENT SHELTER • REMOVE (3) PROPOSED VERIZON WIRELESS RRUS 12 B4+A2 AT EXISTING MONOPOLE • REMOVE (3) PROPOSED VERIZON WIRELESS RRUS 32 B2 AT EXISTING MONOPOLE EQUIPMENT TO BE ADDED: • INSTALL (6) PROPOSED VERIZON WIRELESS (6) PANEL ANTENNAS AT EXISTING MONOPOLE • INSTALL (3) PROPOSED VERIZON WIRELESS RRUS 4449 AT EXISTING MONOPOLE • INSTALL (3) PROPOSED VERIZON WIRELESS RRUS 8843 AT EXISTING MONOPOLE Page 2 October 8, 2021 • INSTALL (3) PROPOSED VERIZON WIRELESS RRUS 8863 AT EXISTING MONOPOLE • INSTALL (3) PROPOSED VERIZON WIRELESS RRUS 4408 AT EXISTING MONOPOLE • INSTALL (1) PROPOSED VERIZON WIRELESS SURGE PROTECTOR AT EXISTING MONOPOLE • INSTALL (1) PROPOSED VERIZON WIRELESS SURGE PROTECTOR AT EXISTING EQUIPMENT SHELTER • INSTALL (2) PROPOSED VERIZON WIRELESS HYBRID CABLE Please indicate Landlord's consent to the proposed modifications by signing in the space provided below. Please return one original signed copy of this letter to the address shown below or email a copy to tod(a)baseconsultingco.com. Tod Petty Base Consulting 28562 Oso Pkwy, D-233 Rancho Santa Margarita, CA 92688 Should you have any questions or require additional information, please do not hesitate to call at 714- 292-6542 or email at tod _baseconsultingco.com. Sincerely, Tod Petty Base Consulting AGREED TO AND ACCEPTED BY: City of Palm Springs k*1By:��.�v Name: JR§f'IN ,r Its: tIll ft1 ._ - APPROVED BY OnY MANAGER gufv ue p iht 1-r3lJ��� APPROVED AS TO FORM Bose Cori ultdng 28,562 Cho Pkwy, D-233 Rancho Santa ..Nlar arira, CIA 926,R8 CI ATTJkkEY City of Palm Springs Department of Planning Services 3200 East Tahquitz Canyon Way • Palm Springs, CA 92262 Tel: 760-323-8245 • Fax: 760-322-8360 Web: www.palmspringsca.gov November 1, 2021 Verizon Wireless Tod Petty 28562 Oso Pkwy, D-233 Rancho Santa Margarita, CA 92688 RE: Case No. 3.2452 MAA; 1901 East Baristo Road Request to modify existing Verizon wireless facility Dear Mr. Petty, Thank you for submitting a Minor Architectural Application (MAA) for the property located at the above address. Specifically, you are seeking approval to modify an existing Verizon wireless communication facility installed on a stadium light standard. Proposed changes include the following: 1. Remove (6) panel antennas and install (6) new panel antennas in same location. 2. Remove and replace (12) new radio units. 3. Install (1) raycap on monopole. 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) the existing equipment color will remain the same. From this analysis, your request is APPROVED, subject to the attached conditions of approval. If you have any questions about this letter, please feel free to contact me directly at (760) 323-8245 or email at Alex. perez(a)-palmspringsca.gov Sincerely, Alex Perez Assistant Planner Attachment: Conditions of Approval VERIZON WIRELESS FACILITY 3.2452 MAA 1901 East Baristo Road October 3, 2019 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 3.2452 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 3.2452 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 promptly notify the applicant of any such claim, action or proceeding or fails to Conditions of Approval Verizon Wireless Case 3.2452 MAA Page 2 of 3 October 3, 2019 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 City's 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 owner(s) 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 Verizon Wireless Case 3.2452 MAA Page 3 of 3 October 3, 2019 PLN 4. 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 Required. 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. 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E, $u Caa � yg�a'Wn iz a y es �� u� Na �� $d •7 II II ffi �� :g - `� Ne �Y Wo 9� S 3i� go" Su� KII I <I~O I I �W�[ g II n S gg `ffi h'ffi gv SppSy II II � � V O O O O 0 0 Z J 3 W W W N N to 7 F F H O O O z Z Z W W W 7 > > F H H O O O Z Z Z m i % r i 3 g �Y z5's O', -. fi19Z6 �'3NIANI LO'3nN3AV NOANIYJ ONVS 9099L ZSZZ6 VJ'SDNIUdS 'OVOB OlSIBVB'3 WU z a O U J ■ _ LLI _ Q.; = (aav a31aav3 - sans i) .zFa 1 a ® pUOZIJ.IA SJNIadS WlVd IA " N ""Z✓ W NO r• c:o¢=3" 0 T iosImrv�;e� L) V II� W d O CY LU U � W 0 a a z rn g X W 0 Z Y y N W 0 000 O 00 00 z r r Q z z ro n Io r � 1 i } i 1 W W > > 2 r O 0 � 3 Z Z O Of } r 9 Z 3 W W Y" 00000 0 w r lzi IZI ® '4 o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/02/2021 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 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). PRODUCER AOn Risk Services Northeast, Inc. New York NY Office CONTACT NAME: (A/C. jo, �); (866) 263-7122 : (900) 363-0105 One Liberty Plaza 165 Broadway, Suite 3201 E-MAIL ADDRESS: New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIL # INSURED INSURER A: AIU Insurance Company 19399 Cellco Partnership dba Verizon wireless 1095 Avenue of the Americas INSURERB: National union Fire Ins Co of Pittsburgh 19445 INSURERC: New York NY 10036 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570090130653 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDfYYYYI [MM1DDfYYYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2 , 000 , 000 CLAIMS -MADE X❑ OCCUR PREMISES Ea occurrence $2 , 000 , 000 X MED EXP (Any one person) $10, 000 XCU Coverage is Included PERSONAL & ADV INJURY $2 , 000, OOO GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ PRO JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: AUTOMOBILE LUABILIITY COMBINED SINGLE LIMIT en ANYAUTO BODILY INJURY ( Per person) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PROPERTVDAMAGE Per accident UMBRELLA LJAB EACH OCCURRENCE EXCESS LIAB HOCCUR CLAIMS -MADE AGGREGATE DED RETENTION A A WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY Y/N ANY PROPRIETOR/ PARTNER/ EXECUTIVE OFFICER/MEMBEREXCLUDED4 N/A 16393209 ADS 16393206 06/30 2 2106/30/2022 06/30/2021 06/30/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1, 000, 000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In I" H yes, describe under DESCRIPTION OF OPERATIONS below CA E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) RE: Contract No. 35042, GL# 120875, Site Name: Palm springs, Site Address: 1901 East Barist0 Road, Palm Springs, CA. City of Palm Springs is included as Additional insured with respect to the General Liability policy. The General Liability policy shall apply as Primary insurance to each Additional insured listed herein. where permitted by law, the Named insured parties listed herein waive all rights against the City of Palm Springs for recovery of damages to the extent these damages are covered by the workers' compensation policy referenced herein and, as further limited by written contract between the parties. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE office of City Clerk PD Box 2743 Palm Springs CA 92263 USA ram%' M* e90�� ,(/' 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD N 0 M m c la 9 N O n N 5 M rn 0 0 I- U) N AGENCY CUSTOMER ID: 570000027366 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. Cellco Partnership dba Verizon Wireless POLICY NUMBER See Certificate Number: 570090130653 CARRIER NAIC CODE See Certificate Number: 570090130653 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBERR POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MMIDD/YYYY) LEMM WORKERS COMPENSATION A N/A 16393207 NY 06/30/2021 06/30/2022 A N/A 16393208 WI 06/30/2021 06/30/2022 A N/A 16393205 NJ,TX,VA 06/30/2021 06/30/2022 ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT #MAN011 This endorsement, effective 12:01 A.M. 06/30/2021 forms a part of policy No. GL 172-88-90 issued to VERIZON COMMUNICATIONS INC. BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA NOTICE OF CANCELLATION, NONRENEWAL AND CHANGES TO CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. CHANGES is amended to add the following: We will mail or deliver a prior written notice of a "material change," consented to by the first Named Insured shown in the Declarations and us, to the first Named Insured's last known mailing address and to those entities set forth in the schedule below. We will provide written notice of a "material change" at least NINETY 90 days prior to the effective date of "material change." For purposes of this paragraph, "material change" means any of the following: (i) a reduction in the Limits of Liability set forth in the policy Declarations; (ii) a deletion of or addition to the list of Coverages set forth in Section A of this policy; or (iii) a change in the Policy Period set forth in the policy Declarations. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, 12. CANCELLATION is amended to add: We may cancel this policy by mailing or delivering to those entities set forth in the schedule below, written notice of cancellation at least: a. TEN (j days before the effective date of cancellation if we cancel for nonpayment of premium; or b. NINETY (90) days notice before the effective date of cancellation if we cancel for any other reason. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 20. NONRENEWAL is amended to add the following: If we decide not to renew this policy, we will mail or deliver to those entities set forth in the schedule below, prior written notice of non -renewal not less than NINETY (LO) days before the expiration date of the policy. If notice is mailed, proof of mailing will be sufficient proof of notice. Schedule Additional Insured Governmental Entities and Political Subdivisions on file with the Insurer. Page 1 of 1 OrAutAorized Representative CITY OF PALM SPRINGS WIRELESS COMMUNICATIONS FACILITIES SITE LEASEnd Thia Communications Site Facilities Lease (the "Lease") is made and entered into this day of 2019; by and between the CITY OF PALM SPRINGS (herein-"LESSOR" or "City"), and Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership (herein "LESSEE"). LESSOR and LESSEE are at times hereinafter collectively referred to as "Parties" or individually as the "Parry". RECITALS WHEREAS, LESSOR is the fee title owner of property located at 1901 East Baristo Road. 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, LESSOR and LESSEE previously entered into a Ground Lease Agreement dated October 6, 1993, as amended by that certain First Amendment to Ground Lease Agreement dated November 26, 2002 (as so amended, the "Original Lease Agreement") with'LESSEE,which Original Lease Agreement expired as of October 5, 2018; and WHEREAS, LESSEE currently occupies the Premises (defined below) as a holdover tenant under the terms of the Original Lease Agreement with LESSOR's.consent and such holdover tenancy expires on the Commencement Date of this Lease; and WHEREAS, in contemplation of the expiration of the Original Lease Agreement, the LESSOR and LESSEE desire to enter into this Lease that would delete and replace the Original Lease Agreement in its entirety. 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, for the installation, operation, repair and maintenance of LESSEE's wireless communications facility and uses incidental thereto (the"Facilities"). 1.2 LESSEE ACCESS: LESSOR shall .provide LESSEE, LESSEE's employees, agents, and sub-contractors access to the Premises after. LESSEE provides LESSOR with 24 hours prior notice. Provided, however; that in the event of an Palm Springs' ORIGINAL BID 108316252_3 AND1GR AGREEMENT "emergency or special circumstance", which would leave the Facilities inoperable during normal non-business hours, LESSEE may access the Property at any time 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 situations of imminent risk of harm to persons or property, automobile accidents or 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 Facilities depicted and/or described in general in 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 necessaly'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 as of,October 1, 2018 (the "Commencement Date") and shall continue for five (5) years from that date (the "Initial Term") unless terminated earlier pursuant to Section 8 hereinbelow. LESSOR and LESSEE acknowledge and agree that as of the date of full execution of this Lease, the Original Lease Agreement shall be deemed terminated and of no further force or effect. Retroactive to the Commencement Date,this Lease supersedes and replaces that Original Lease Agreement,referenced by LESSEE as NG#35042 (the "Terminated Agreement"). LESSOR and LESSEE acknowledge that notwithstanding the termination of the Terminated Agreement and the'full execution of this Lease, LESSEE may continue to make, and LESSOR may continue to receive, rental and other payments pursuant to the Terminated Agreement. In such event, any rental or other payments made pursuant to the Terminated Agreement for the period on or after the Commencement Date shall be applied and credited against any rentals or other payments due under this Lease. 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 PahnSpiings _ cy'a16c ii:ni G� a e 108316252 3 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. Upon the Commencement Date, LESSEE shall pay LESSOR $3,300 per month (the "LESSEE Rent") payable on the first day of the month, in advance, to LESSOR or to such other person, firm, or place as LESSOR may, from time to time, designate in writing at least 30 days in advance of any LESSEE Rent payment date by notice given in accordance with Paragraph 17.9 below for each month. In addition, in the event LESSEE elects to sublease space on the Facilities, LESSEE shall pay LESSOR an additional $1,000 per month for each carrier operating wireless .communication equipment on the Facilities in addition to LESSEE ("Additional Carrier Component"). The sum of the LESSEE Rent 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 RETROACTIVE RENT ADJUSTMENT: The monthly base rent payable under the. Original Lease Agreement shall continue to be payable by LESSEE to LESSOR for the period between the Commencement Date through the date of full execution of this Lease. Within sixty (60) days following full execution of this Lease, LESSEE shall pay LESSOR any back rent payments due to reconcile the increase in rent due upon the Commencement Date and actual rent paid during the holdover period between the Commencement Date of this Lease and the date of full execution of this Lease. 4.3 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 this section shall be the most recently measured twelve (12) month period prior to the commencement of each annual anniversary of the Commencement Date. 4.4 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%) of the Palm Springs 1083162523 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. 4.5 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 full execution of this Lease, LESSEE shall pay to LESSOR the one-time sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500), which shall be deemed to equal 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. 4.6 VERIFICATION OF RENT: Once per calendar year, LESSOR may submit a written request to LESSEE for a--business summary report pertaining to LESSEE's rent obligations for the prior twelve (12) month period,and LESSEE shall provide such written accounting to LESSOR within sixty (60) days after LESSEE's receipt of such written request. 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 the Premises. In no event shall LESSOR be liable for` any property taxes and assessments 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 reasonable out of pocket 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., B. To do any necessary maintenance and-- to make any restoration to the Premises that LESSOR has the right or obligation to perform. Palm Springs 1083162523 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 upon prior written notice to LESSEE and 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: 7.1 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) within an existing chain link fence and on a monopole; (2) in such manner as to make the cabinetry blend into the surroundings; and (3) in such a manner that the Facilities will not unreasonably interfere with the LESSOR's use of the Property for public park 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 at the Property. Once construction commences, any and all improvements made by LESSEE with respect to the installation of the Facilities shall be diligently pursued to completion. Palm Springs 1083162523 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, of which LESSEE is provided advanced written notice; 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 and LESSEE fails to pay Base Rental during such period, LESSEE or its designee shall be responsible for removing the Facilities and returning the Premises to their original condition as reasonably approved by LESSOR. LESSOR shall provide Palm Springs 1083162523 notice to.LESSEE of said abandonment. In the event LESSEE fails to comply with this provision in regard to the removal of the Facilities and restoration of the Premises within thirty (30) 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: 1. 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 as of the Commencement Date, which interference is not cured by LESSEE within ten (10) days following written notice thereof, or, if such default is not curable within such ten (10) day period, has not proceeded to commence such cure within such ten (10),day period and diligently proceeds to completion; or 4. Interference with LESSOR' 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. Palm Springs 1083162523 8.2 LESSEE'S RIGHT TO TERMINATE: LESSEE may terminate this Lease due to LESSOR's failure of proper ownership or authority to enter into the Lease, 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's Facilities within 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, within twenty (20) days prior to the 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' 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 without warranty of merchantability or fitness for a particular purpose. 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. LESSOR hereby approves the Facilities depicted in Exhibit C -attached hereto. 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 lessees 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 Palm Springs 1083162523 interference problems with LESSEE's then existing equipment or (ii) encroaches onto the Premises. 9.3 NON-INTERFERENCE: LESSEE's 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, LESSOR agrees not to install and to exercise commercially reasonable effort to not allow installation of new equipment on the Property 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. 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 its 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 operation of a communications facility on a temporary basis until such time as LESSEE's Facilities on the Premises are repaired or reconstructed so that LESSEE can resume the operation of its wireless communications facility 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, Base Rental 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. Palm Springs 108316252_3 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 any acts or omissions on the part of LESSEE or its officers or employees under or in connection .with their 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, reasonable 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' gross 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 thereto against LESSOR, except as otherwise stated in this Lease or'to the extent caused by LESSOR or.LESSOR'S Parties' gross negligence or willful misconduct. 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 gross 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, authorized or permitted 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. Palm Springs 1083162523 B. LESSEE agrees, at its sole expense, and at all times during the tern of this Lease, to maintain in full force a policy or policies of commercial general liability insurance in an amount of TWO MILLION DOLLARS ($2,000,000.00) per occurrence for bodily injury, and property damage, - written by one or more responsible insurance companies licensed, authorized or permitted to do business in the State of California or a self insurer. LESSEE shall include LESSOR as an additional insured as their interest may-appear under this Lease and such blanket additional insured certificate shall be provided to LESSOR prior to the commencement of any work at the Premises. 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. Unless otherwise terminated in accordance with this Lease, 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 LESSOR the amount of Five Hundred Dollars ($500.00) 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 Palm Springs 108316252_3 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. 14.3 COLLOCATION: LESSEE shall reasonably cooperate with future communications operators that would'request collocation as long as there is no interference to 'LESSEE's use of the Premises and 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 ftrels 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 and de minimus amounts of other hazardous materials-typically found in items or equipment commonly used for wireless telecommunications purposes. 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. Notwithstanding the foregoing or any other provision in the Lease, LESSEE shall not be liable for or responsible for addressing any environmental condition, including the release of hazardous materials, that existed on or beneath the Property before the execution of the Lease, or that otherwise does not result from LESSEE's activities at the Premises. Palm Springs 1083162523 17. MISCELLANEOUS: 17.1 COVENANT AGAINST DISCRIMINATION: In connection with its performance under this Lease, LESSEE shall not discriminate against any employee or.applicant for employment because of actual .or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a"prohibited basis"). LESSEE shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to LESSOR's lawful capacity to enter this Lease, and in executing this Agreement, LESSEE certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any LESSEE activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;'and selection for training, including apprenticeship; and further, that LESSEE is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 17.2 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. 17.3 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 reasonable attorneys' fees), 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. 17.4 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 Palm Springs 1083162523 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. 17.5 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. 17.6 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. 1:7.8 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 Palm Springs 1083162523 Copy to: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Edward Z. Kotkin, City Attorney To LESSEE: Los Angeles SMSA Limited Partnership, dba Verizon Wireless 180 Washington Valley Road. Bedminster,New Jersey 07921_, Attention: Network Real Estate 17.9 AMENDMENTS:.This Lease may not be modified, altered, or amended except in writing signed by both.LESSOR and LESSEE. 17:10::AMENDMENT TO ORIGINAL LEASE AGREEMENT: The Original Lease Agreement is hereby amended by deleting it in its entirety and replacing it with this Lease. [SIGNATURE PAGE FOLLOWS] Palm Springs 108316252_3 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 Los Angeles SMSA Limited Partnership, dba Verizon Wireless By: By: AirTouch Cel Inc. David Ready, City Manag5r Its: General P e By: Name: Title: ;f k� Q�n�(�i�y ATTEST Date: 3L9O L City Clerk APPROVED AS TO FORM: ` z Attorney ���zy S•�l �vus�.r APPROVED BY CITY COUNCIL Palm Springs 1083161523 .EXHIBIT A DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALMS SPRING,. COUNTY RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 25 and Westerly rectangular me-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. Palm Springs 108316252_3 EXHIBIT B DESCRIPTION OF THE LEASED PREMISES Palm Springs 1083162523 " ISSUE STATUS SITE PLAN IS PRELIMINARY osw�vnon Y AND DDNE WITHDUf THE LFwsB�rt Bo BENEFlT OF A LAND SURVEY. -- ------------------E--$A,MBAMWO ROAD------------- INFINIGY9 ENGINEERING,LLP 2Mx RANCHOPARMAYSOUTH uxE foaEsr,r.�t8 ' JOB xIxOERR Y[@'O.V.� �f PROPRIETARY INFORMATION cam,���^�� � `' �� >��� •��� Via, ��� ( (; �• _� �� 3`, ,a �� .;<°v �,y �i = w eel 3� eye J '« J V '"�� `i Y 1(J�G41QA��TI 1 RBC Ra[O' fN c z -x�i� x k.: -z... x 4 L A / �(B1 Vial IxIR1BSS IxA 56 R.IfASE NEA � .� � r (q xaxr xunm Rrxmx.Y soJmr mcwTBB a A nx5ar.e• � v CpxA,B Pb.nx.•��mBJxBRx�. J `. (9 IF Do11OC Rlfl iauw�ivrzJ�rtw uw i f `1• ` "(9 T=W. 7�•^ v J Lx F _ pp / ; I (4 M R31 o +$C'7r + �% Swami"' p'✓ LN. O (/)Do Q p a U, L J O rn \ o ' 77 Q Z.R�JIL'77 r�r e eQ0_ "J- i' SHEET TITLE: (q IXW IEIX RIB '1 x 1 x: t. B r\rr eso` \� } LEASE EXHIBIT c 7 LEXHI LEASE EBIT scALE: 111=11 EXHIBIT C DESCRIPTION OF THE FACILITIES PROJECT DRAWINGS (See Attached) Palm Springs 108316252_3 NOTE ISSUE STATUS SITE PLAN IS PRELIMINARY MON AND DONE WITHOUT THE E. BENEFIT OF A LAND SURVEY. . --- EE--$AST-RARIUO ROAD-------------------------- INFINIGYB ENGINEERING,LLP —55 RANCHO PARMAYSOUTH ' JCO HOYRA� PROPRIETARY INFORMATION t ,�G�Cc o .�"d •'°a�s�°Rn`Ar°�a.�s O ¢N � ,J.\ y R1,1dNM.IaDII9 fY RE WG4N �' J�-;,�(�/� � � 11 t.. � � !��� '�`'t S�Ej��r 8 ssak�,i• ~•�' t�K Y i Xb6 uavar rlmu Rac anrt or w -? �� o S AI 'l � Ned"g ro S�IIR V � - �� 1 �A ><—I--.-�� 'O�C1 •iRu / i L I /J .14ZJ; Ixc xxm W>E / �ro w4vx Mg1F1S I()0 9 R.UASE XFA � I I �'..v¢ / I / x r I' O (Q Nan IOHFA maaxx SWESf tIIr]GifAi O,A 114W C mli]R1E P/➢11M P t_RYI�1fARYplf. ro�AT PFNIRIIA � •• '''a';�� % I' ; s 6 FESISE RMLE + .'. f0 IS'SEE 510E � r rCF) p ` "JOr• A M'` ry d..r\x\ 0 ltl,mW1 L ' (p 15'M[/[ms TngE 1 �i.L �Yv,`l'. C)m". 7 x\ Y.WInVJeF IffiS PAIN C a Z. 77 , y ' Lro 6A48rIL Flf)o7 SHEET TITLE: LEASE EXHIBIT c o LEASE EXHIBIT scaLE: L E 0 4' 8' 1 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F 04/09/2019 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 CNI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED o REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. n 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). PRODUCER CONTACTp NAME: Aon Risk services Northeast, Inc. PHONE" (866) 283-7122 FAX (800) 363-0105 `m New York NY office (A/C.No.Ext): A/C.No.: one Liberty Plaza E-MAIL O 165 Broadway, Suite 3201 ADDRESS: _ New York NY 10006 USA INSURER(5)AFFORDING COVERAGE NAIC# INSURED INSURERA: New Hampshire insurance Company 23841 Cellco Partnership dba VeriZon wireless INSURERB: American Home Assurance Co. 19380 1095 Avenue of the Americas New York NY 10036 USA INSURERC: Illinois National Insurance Co 23817 INSURERD: National Union Fire Ins CO Of Pittsburgh 19445 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075892410 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY GL4611607 EACH OCCURRENCE S2,000,005 CLAIMS-MADE xI OCCUR A PRE MA M MI OSES Ea occurre Ence $2,000,000 X XCU Coverage is Included MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY -. $2,000,000 0 X Standard Contractual Liability GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $2,000,000 X POLICY ❑PRO-- ❑LOC PRODUCTS- $2,000,000 r JECT0 OTHER: o n AUTOMOBILE LIABILITY CEa accidentOMBINED SINGLE LIMIT ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED - PROPERTY DAMAGE ONLY AUTOS ONLY Per accident) 1~ d1 UMBRELLALIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND wc014590551 06/30/2018 06/30/2019 X( STER ATUTE ERH EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN A05 E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBEREXCLUDED? NIA wc014590550 06/30/2018 06/30/2019 (Mandatory in NH) CA E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) � RE: Contract No. 35042, GL# 120875, Site Name: Palm Springs, Site Address: 1901 East Baristo Road, Palm Springs, CA. City of Palm Springs is included as an Additional insured with respect to the General Liability policy. The General Liability .Mir -■ policy shall apply as Primary Insurance to each Additional Insured listed herein. where permitted by law, the Named Insured yZ parties listed herein waive all rights against City of Palm Springs for recovery of damages to the extent these damages are covered by the workers' Compensation policies referenced herein and, as further limited by written contract between the parties. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Palm springs AUTHORIZED REPRESENTATIVE office of City clerk PO Box 2743 Palm Springs CA 92263 USA , c//it_A4 eJ�za e�Xon - ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services Northeast, inc. cellco Partnership dba verizon wireless POLICY NUMBER See Certificate. Number: 570075892410 CARRIER NAIC CODE See certificate Number: 570075892410 EFFECTIVE DATE: ADDITIONAL REMARKS . THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy On the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY POLICY LTR TYPE OF INSURANCE INSD wVD POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE MM/DD/YYYY MM/DD WORKERS COMPENSATION C N/A WC014590552 06/30/2018 06/30/2019 FL A N/A. WC014590553 06/30/2018 06/30/2019 ME A N/A WC014590549 06/30/2018 06/30/2019 NJ,NY,TX,VA A N/A WC014590554 06/30/2018 06/30/2019 MA,ND,OH,WA,WI,WY ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT #MAN011 This endorsement,effective-12.-0TA.M.06130/2018-formsa part of policy No.GL461-16=0-7 issued to,VERIZON COMMUNICATIONS INC. .... �. m.... ._ BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA NOTICE OF CANCELLATION, NONRENEWAL AND CHANGES TO CERTIFICATE HOLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE FORM SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. CHANGES is amended to add the following: We will mail or deliver a prior written 'notice of a "material change," consented to by the first Named Insured shown in the Declarations and us, to the first Named Irisured's.last known mailing address and to those entities set forth in'the schedule below. We.,will provide:written notice of a:"material change' at least NINETY('90) days prior to the effective date of"material change." For purposes of this paragraph, "material change"means any of the following: (i) a reduction in the Limits of Liability set forth in.the policy Declarations;(ii)a deletion of or addition to the list of Coverages set forth ---=irrSativrr ra th_ i r.r►i-a ctta, ii-tt7i-Ptili e - rsF moo. ( ) rrcJ t:y P.riad-set feittlt rfirtFt pa}tti BP�tar �Fs�a-----..-__....._ SECTION IV-cOMMERCIAL GENERAL LIABILITY CONDITIONS,,12. CANCELLATION is amended to add: We may cancel this policy by mailing or delivering to those entities set forth in the schedule below,written notice of cancellation at least: a. Ten 10 days before the effective date. of cancellation if we cancel for nonpayment of premium; or b. NINETY (901 days notice before the effective date of cancellation if we cancel for any other reason. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, 20. NONRENEWAL is amended to add the following: If we decide not to renew this policy, we will mail or deliver to those entities set forth in the schedule below, prior written notice of non-renewal not less than NINETY (901 days before the. expiration date of the policy. If notice is mailed, proof of mailing will be sufficient proof of notice. Schedule Additional Insured Governmental Entities and Political Subdivisions on file with the Insurer. f /.Autliorized Representative or Countersignature (in States Where Applicable) .act o® CERTIFICATE OF PROPERTY INSURANCE DATE 04/05/20/957/ ) 019 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. N PRODUCER CONTACT NAME: Ln Aon Risk Services Northeast, Inc. PHONE FAX rn New York NY Office (A/C,No,Ezt): C866) 283-7122 (A/C.No.): (800) 363-0105 . One Liberty Plaza E-MAIL y, 165 Broadway, Suite 3201 PRODUCER New York NY 10006 USA CUSTOMER 10#: 5700000273fi6 C INSURER(S)AFFORDING COVERAGE NAIC# b INSURED INSURER A: ACE American Insurance Company 22667 Cellco Partnership dba Verizon wireless INSURER B: O 1095 Avenue of the Americas INSURERC: ►�" New York NY 10036 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075873699 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD tet,Additional Remarks Schedule,If more space Is required) RE: Contract No. 35042, GL# 120875, Site Name: Palm Springs, Site Address: 1901 East Baristo Road, Palm Springs, CA. 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, CN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS Ln LTR DATE(MM/DDNYYY) DATE (MM/DD/YYYY) n A X PROPERTY GPAD 12 31 2018 12 31 2019 BUILDING O n CAUSES OF LOSS DEDUCTIBLES PERSONALPROPERTY rn BASIC BUILDING BUSINESS INCOME BROAD EXTRA EXPENSE m CONTENTS X SPECIAL RENTALVALUE BLANKET BUILDING Z EARTHQUAKE W BLANKET $10,000,000 F- WIND X FLOOD BLANKET BLDG&PP CU 0 f- SIM PP Ded W fJ INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER NAMED PERILS CRIME TYPE OF POLICY BOILER&MACHINERY I EQUIPMENT BREAKDOWN SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All Risk Property subject to policy terms, conditions and exclusions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Property policy. Business income is included under the Personal Property Limit. Coverage is provided on a Replacement cost basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ��aa City of Palm springs office Of The City Clerk PO BOX AUTHORIZED REPRESENTATIVE e �GlOfG�G>'2�Cr�V/�eJ9?Ci � Palm springs s CA 92263 USA ©1995-2015 ACORD CORPORATION.All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD Verizon Ground Lease AGREEMENT #3281 Amend 1 FIRST AMENDMENT TO GROUND LEASE AGRI M07199, 11-26-02 This FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("Amendment") is made this�day 2002 by and between CITY OF PALM SPRINGS, a municipal corporation ("LESSOR") and LOS ANGELES SMSA LIMITED PARTNERSHIP DB/A VERIZON WIRELESS ("LESSEE"),with reference to the facts set forth in the Recitals below: RECITALS A. LESSOR is the owner of that certain real property ("LESSOR'S Property") located at 1901 East Baristo, Palm Springs, CA. B. LESSOR and LESSEE have entered into that certain Ground Lease Agreement dated October 6, 1993 (the "Lease"), pursuant to which LESSEE is leasing from LESSOR a portion of LESSOR's Property(the "Premises"). C. LESSOR and LESSEE now desire to modify the Lease so as to better define the Premises, to permit LESSEE to install a generator at the Premises, to increase the rent, and to document the terms and conditions thereof. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Ground Space. The description of the Premises, as a Two Thousand Five Hundred (2,500) square foot portion of LESSOR'S Property, described in Section 1 of the Lease and further described in Exhibits "AT' and"A3" of the Lease, are hereby amended and described as a One Thousand Four Hundred Seventy (1,470) square foot portion of land, as more particularly shown in the Exhibits "A-2" and "A-3" attached to this Amendment which are hereby incorporated by reference. 2. Installation of Generator. LESSOR acknowledges and agrees that LESSEE intends to construct certain improvements on the Premises, which include but are not limited to a generator pad, generator connections and a permanent generator (collectively the "Improvements") as are depicted and/or described in Exhibits "A-2" and "A-3" to this Amendment. LESSOR hereby consents to the construction, installation, operation and maintenance of the hmprovements as the same may be modified, added to and/or substituted from time to time during the term of the Lease, as the same may be extended. 3. hicreased Rent. In consideration for the amended ground space and for LESSOR consenting to the construction, installation, operation and maintenance of the Improvements, the Annual Rent due under the Lease shall be increased by One Hundred Eighty and 59/100 Dollars ($180.59) a month from a current amount of Five Hundred Sixty-Nine and 41/100 Dollars ($569.41) a month to Seven Hundred Fifty Dollars ($750) a month ("Increased Rent"). LESSEE's obligation to pay the Increased Rent to LESSOR shall commence upon the first day following LESSEE's completion of the Improvements at the Premises. The Increased Rent shall be subject to the regular annual increases pursuant to the terms and provisions of Section 3(c) of the Lease. It is understood and agreed that LESSEE's ability to install the Improvements is contingent upon its obtaining after the execution date of this Amendment all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE to install and operate the Improvements as set forth in this Amendment. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action that would adversely affect the status of LESSOR's property with respect to the installation of the Improvements. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to install, operate, or maintain the Improvements or the LESSEE determines that the Improvements are no longer compatible for its intended use, LESSEE shall have the right to terminate this Amendment, however, the Lease shall remain in full force and effect. Notice of the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by the LESSEE. All rentals in connection with the Improvements paid to said termination date shall be retained by the LESSOR. Upon such termination, this Amendment shall be of no further force or effect, and the parties shall have no further obligations under the Amendment, including the payment of money, to each other. 4. Continued Effect. Except as specifically modified by this Amendment, all of the terms and conditions of the Lease shall remain in full force and effect. In the event of a conflict between any term and provision of the Lease and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Lease. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. IN WITNESS WHEREOF, LESSOR and LESSEE have caused this FIRST AMENDMENT TO LEASE to be executed by each parVs duly authorized representative effective as of the date first above written. LESSOR: LESSEE: CITY OF PALM SPRINGS, LOS ANGELES SMSA LIMITED PARTNERSHIP, a Municipal corporation d/b/a VERIZON WIRELESS, by AirTouch Cellular,its General Partner B-�y By: Name: Daved HRobert F. Swain itl : West Area Vice President-Network 17 Name: Patricia A Saclorr Title: City Clerk 2 14 w EXISTING OVERHEAD ELEC. & TEL. �. � � _ _wr/-To/.3/ i H0 Cam vr5�6vN�r - _ _ ___ _ _—_ _— Q N POWER & TEL. POLE CONCRETE CURB AND GUTTER H A R 1 S T O 599.59 iaw R p -r3z»A O EXISTING WATER METERS gl EXISTING 15'-0" ACCESS EASEMENT EXISTING T P.O.B ACCESS EAEEI-NT) -0" CONCRETE Na/cre,e/es SIDEWALK - .QQ.e EXISTING FENCESPrinRler VERIZON LEASE _ N r^` r r AREA E T5.00'ACCESS ESMT 1 ' /rrl9aJian L,inc(AP�ryX Lac) / . � ✓�Ae• Concre/e C, d"Yrre S 6'T ee ) I? Un;ed T,ond E/ec.Jnd Te/e.E5T'f. ' ,�)\ -353'� __•— . Grass ..,/ _\� ,; � 5 r' _-�•�-/ =_._l ynrr•u.,e..,.r>. '�� In /° G.00!' 'C.< Frnc,. EXISTING TREES & SHRUBBERY +I ny�/,Dn Gmc lAv r x Loc) EXISTING UNDERGROUND ELEC. & TELE. EASME NT oi:_ > �9e.,, (: o+ ,;._5e • ro- e3o/, EXISTING CHAINLIN FENCE �5-,nay' '�`'' F /aln/ofde /nnin VERIZON LEASE AREA, "'` " . 9 v EXISTING 15'-0" ATE Nbl'4aaoT N/ (4, 1470 SQ. FT. �a!'�?'e:e�o-;�r/na+s/=r EXISTING MONOPOLE WITH " xu, ;,t_... eirorr'd a � EXISTING LANDSC ING LIGHTS Orrurr/rrc\� !"SH 4rPPor/ Shy .0 GGG Farrc' �3r/.H'S4 ("CLFancr � EXISTING ELECTRICAL TRANSFORMER ON CONCRETE PAD aeo o/a,,,.,n:� / e6=.UndyrndfU�`\I 'sr• o S .E��nrr,�r,.rr r.,,.. EXISTING SCOREBOARD 5 N,gh \ TO REMAIN / s P y K b` EXISTING ELECTRIC TRANSFORMER ON CONCRETE PA SITE PLAN SCALE: 1" = 30'-0" EXHIBIT A-2 M EXISTING CHAINLIN FENCE Verizon Wireless Site: Palm Springs EXISTING SHRUBS AT PERIMETER OF EXISTING FENCE PROPOSED 40KW KOHLER EXISTING 12'x3O' VERIZON EMERGENCY STANDBY WIRELESS EQUIPMENT GENERATOR ON A 114"x66"x6" SHELTER CONCRETE PAD WITH 4" CURB FOR CONTAINMENT EXISTING VERIZON WIRELESS 1470 SQ. FT. LEASE AREA EXISTING 15' WIDE SWING GATE 3 { _ I LJ f EXISTING 15' WIDE ACCESS EASEMENT EXISTING TRANSFORMER ON A CONCRETE PAD EXISTING SCOREBOARD r EXISTING MONOPOLE WITH LIGHTS i EXISTING CHAIN LINK 1 EXISTING TREES FENCE ENLARGED SITE PLAN SCALE: 1/16" - 1'-O" EXHIBIT A-3 Veriz n Wireless Site- Palm Springs L.A. SMSA - PacTel Cellular Install Communication Equip. Angels Stadium - 15 yr Rental AGREEMENT #3281 M05260, 10-6-93 GROIIPID LEASE AGREEMENT i THIS G OUND LEASE ("Lease") , made and entered into on this 6 day of 1993, by and between the CITY OF PALM SPRINGS,a Municipal corporation ("LESSOR") , and LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership ("LESSEE") , of which PacTel Cellular, a California corporation, of 3 Park Plaza, Suite 700, Irvine, California 9271,4, is the General Partner. WITNESSETH THAT: WHEREAS, LESSOR is the owner of that certain real property located at 1901 East Baristo, Palm Springs, California ("LESSOR's Property") ; and WHEREAS, LESSEE desires to lease a portion of LESSOR's Property, together with a license for access (including but not limited to access for vehicles and temporary parking) and a right-of-way for utilities ("Property") ; NOW, THEREFORE, in consideration of the premises and of the mutual obligations and agreements herein contained, the parties hereby agree as follows: 1. THE PROPERTY A. The legal description of LESSOR's Property is contained in Exhibit "A1" attached hereto and by this reference incorporated herein. B. The Property which is the subject of this Lease is contained within LESSOR's Property, is approximately Two Thousand Five Hundred (2,500) square feet and is situated substantially as shown on Exhibit "A2" attached hereto and by this reference incorporated herein. C. LESSOR and LESSEE hereby agree that the Property (including a right of access thereto) may be surveyed by a licensed surveyor at the sole cost of'. LESSEE, and such survey shall then replace Exhibit "A2" and become a part hereof and shall control to describe the Property in the: event of any discrepancy between such survey and the description contained in Paragraph I.B. above. 2. LEASE AND IRREVOCABLE LICENSE AND EASEMENT A. In consideration of the lease payments by LESSEE to LESSOR as agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to LESSEE an irrevocable, non-exclusive license (during the term of this Lease) for ingress and egress (including but not limited to access for vehicles and temporary parking) to and from the Property (seven (7] days a week, twenty-four [24) hours a day) . Notwithstanding the foregoing, LESSEE agrees, except in cases of emergency, to notify the Facilities Supervisor of LESSOR prior to exercising said access license and LESSEE agrees to cooperate with LESSOR in exercising said access license to the extent reasonably necessary for LESSOR to manage and operate LESSOR's property. Notification of the Facilities Supervisor of LESSOR may be made by telephone or electronic facsimile or in writing and is not required to conform to the requirements of Section 11 of this Lease as it is for the purpose of facilitating the management and operation of LESSOR's Property. In connection therewith, LESSEE hereby acknowledges that LESSOR permits third parties to utilize LESSOR's Property from time to time and such use may from time to time temporarily interfere with access to the Property; provided, however, that LESSOR shall cooperate with LESSEE to ensure that LESSEE is provided with the access needed to use the o0200092 1 Property for the purposes permitted hereunder and to use its best efforts to provide LESSEE with immediate access to the Property in cases of emergency. B. LESSOR also grants LESSEE an irrevocable, non- exclusive easement to install and maintain utility wires, cables, conduits and pipes over, under and along a twenty (20) foot wide right-of-way over that portion of the LESSOR's Property more particularly described or depicted on Exhibit 11A311. Said easement shall automatically terminate upon the expiration or sooner termination of the Lease. 3. TERM, OPTION AND :RENT A. This Lease shall be for an initial term of Fifteen (15) years beginning on S°(°(; 67� s , 1993 ("Commencement Date") at an Annual Rent of Six Thousand Dollars ($6, 000. 00) , which rent shall be paid without demand, deduction or offset in equal monthly installments, in advance, on the first day of each month to LESSOR or such other person, firm or entity as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rent payment date. Notwithstanding the preceding, however, the parties have agreed that, prior to and until LESSEE commences construction on the Property, the Annual Rent shall only be Two Thousand Four Hundred Dollars ($2,400. 00) , provided that the foregoing discount in Annual Rent shall terminate after 7"/'pPc- months even if LESSEE has not commenced construction. B. LESSEE is hereby granted options to extend this Lease on the same terms and conditions for two (2) additional five (5) year period(s) after the original term expires by giving LESSOR written notice of its intention to do so at least ninety (90) days prior to the date that the then-current term would otherwise end. If LESSEE is in default on the date of giving the option notice and said default is not cured in a timely manner after written notice from LESSOR, the option notice shall be totally ineffective, or if LESSEE is in default on the date the extended term is to commence and said default is not cured in a timely manner after written notice from LESSOR, the extended term shall not commence and this Lease shall expire at the end of the initial term or properly exercised extended term. C. The parties agree that Annual Rent shall be adjusted annually throughout the terra of this Lease on each anniversary of the Commencement Date by the percentage change in the Consumer Price Index (1982-84 = 100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") published for the month that is three (0) months preceding the adjustment date compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed in such a way that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable governmental index. 4. USE OF THE PROPERTY A. LESSEE may use the Property for the purpose of constructing, maintaining and operating a communications facility, including required antennas, and for any other uses which are incidental thereto. The parties understand and acknowledge that LESSEE will be installing transmitting facilities upon a light poll currently located upon the Property. LESSEE agrees that upon the completion of the construction of said facilities the lights shall be in as good a condition as they existed prior to said facilities being constructed. A security fence of chain link or similar construction shall be placed around the perimeter of the Property (not including the easement or license area.) . The construction of LESSEE's facility shall be at LESSEE's sole expense. The facilities to be constructed by LESSEE upon the Property shall be subject to the prior written approval of LESS= cnd shall be designed and constructed in 60200092 2. conformance with the requirements of all municipal, state, federal, and other governmental authorities, including requirements pertaining to the health, welfare or safety of employees or the public and the Americans with Disabilities Act. LESSEE shall provide LESSOR with thirty (30) days advance written notice of the commencement of construction so that LESSOR may post appropriate notices of nonresponsibility. LESSEE shall keep the Property and LESSOR's Property free from any liens arising out of any work performed, material furnished, or obligation incurred by LESSEE or alleged to have been incurred by LESSEE. LESSEE shall keep, maintain and repair the Property and LESSEE's facilities and personal property located thereon in a good and sanitary order condition throughout the term. B. It is understood and agreed that LESSEE's ability to use the Property is dependent upon LESSEE's obtaining all of the certificates, permits, licenses and other approvals which may be required from any federal, state or local authority and/or any easements which are required from any third parties. LESSOR shall cooperate with LESSEE, but at no expense to LESSOR, in its efforts to obtain such approvals and/or easements, and LESSOR shall take no action which will adversely affect the status of the Property with respect to LESSEE's proposed uses thereof, if any application by LESSEE for any such certificate, permit, license, easement or approval is finally denied or rejected, or if any such certificate, permit, license, easement or approval is canceled, or expires, or lapses or is otherwise withdrawn or terminated, or if due to technological changes LESSEE reasonably determines that it will be unable to use the Property for LESSEE's intended purposes, then LESSEE shall have the right to immediately terminate this Lease upon six month's advance written notice. LESSOR hereby designates LESSEE as it's agent for obtaining all certificates, permits (including but not limited to building permits) licenses, and other approvals required in conjunction with the construction of the communication facility. C. LESSEE shall, at his sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Property by LESSEE, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force:. 5. TERMINATION A. LESSEE shall notify LESSOR of LESSEE's exercise of its right to terminate this Lease for the reasons permitted under section 4.B above, and this Lease shall terminate upon six (6) months after LESSOR's receipt of such notice. Such notice shall specify the reasons for said termination. Such termination shall relieve both parties of any further obligations under this Lease, although each shall continue to have any and all remedies set forth herein for any breach of a lease obligation which occurred prior to the date of termination. B. Upon the expiration or termination of this Lease, LESSEE shall remove its personal property, facilities and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. Any removal of facilities, fixtures and/or personal property from the Property shall be at LESSEE's expense and accomplished in a good and workmanlike manner. Any damage occasioned by such remove shall be repaired at LESSEE's expense so that the Property can be surrendered in the same condition as when received and in good, clean and sanitary condition, reasonable use, wear and tear excepted. At LESSOR's option, when this Lease expires or is terminated and upon advance written notice to LESSEE, LESSEE shall leave LESSEE's improvements, other than its personal property and fixtures, to become the prarerty of LESSOR. 60200092 3L 6. UTILITIES LESSEE shall be responsible directly to the serving entities for all utilities ;required by LESSEE's use of the Property. Should electric power be provided by LESSOR, LESSEE will install an electric meter and LESSEE's usage shall be read by LESSOR or, at LESSOR's option, by LESSEE, on a monthly basis, and the cost of electricity used by LESSEE shall be paid by LESSEE to LESSOR as a payment separate from rent ;and shall be computed at the then-current public utility rate. 7. ASSIGNMENT AND SUBLETTING A. Should LESSOR, at any time during the term of this Lease, sell, lease, transfer or otherwise convey all or part of LESSOR's Property to any transferee other than LESSEE, then such transfer shall be under and subject to this Lease and all of LESSEE's rights hereunder, and any transfer by LESSOR of any portion of LESSOR's Property underlying the easement herein granted shall be under and subject to the right of LESSEE in and to such easement. B. LESSEE shall not assign this Lease or sublet the Property, or any interest therein, without the prior written consent of LESSOR, which consent shall not be reasonably withheld. For purposes of this Lease, an assignment shall be deemed to include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of LESSEE taking all transfers into account on a cumulative basis. Notwithstanding the foregoing, LESSEE shall have the right to assign this Lease or sublease all or any portion of the Property, without the consent of LESSOR, to PacTel Cellular, a California corporation ("PacTel") , or to any "affiliate" or PacTel, or to any partnership in which PacTel or any affiliate of PacTel is a general partner of the partnership. As used herein, an "affiliate" shall mean any entity which owns more than fifty percent (50%) of the outstanding voting stock of PacTel, or an entity in which PacTel owns more than fifty percent (50%) of the outstanding voting stock. Any such assignment, regardless of whether the consent of LESSOR is required, shall be subject to all of the terms and conditions of this Lease, including, but not limited to, any restriction on use pursuant to the provisions hereof, and the proposed assignee shall assume the obligations of LESSEE under this Lease in writing in form satisfactory to LESSOR. Consent by LESSOR to any assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any assignment or subletting requiring the i=nsent of LESSOR made without the prior written consent of LESSOR shall be void, shall constitute a material breach of this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of LESSEE by operation of law. If LESSOR approves such assignment, LESSEE shall pay to LESSOR one half of any consideration received by LESSEE for such assignment. In addition, if LESSOR determines that the monthly rent payable to LESSOR under this Lease is less than the fair market rental value, as determined by LESSOR, LESSOR shall have the right to condition its approval to an assignment or subletting on the increase of monthly rent to the fair market rental value. 8. INDEMNITIES LESSEE, as a material part of the consideration to be rendered by LESSOR under this Lease, hereby waives all claims against LESSOR for damage to equipment or other personal property, fixtures and facilities in, upon or about the Property and for injuries to persons in or about the Property, from any cause arising at any time. LESSEE agrees to indemnify LESSOR, its officers, agents and employees against, and will hold and save 1-hem e.nd each of them harmless from, 60200092 4. and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any persons, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of LESSEE its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Property by LESSEE or its employees and invitees, or arising from the failure of LESSEE to keep the Property in good condition and repair, as herein provided, or arising from the negligent acts or omissions of LESSEE hereunder, or arising from LESSEE's negligent performance of or failure to perform any term, provision, covenant or condition of this Lease, whether or not there is concurrent passive negligence on the part of the LESSOR, its officers, agents or employees but excluding such claims or liabilities arising from the active negligence or willful misconduct of the LESSOR, its officers, agents or employees and in connection therewith: (a) LESSEE will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) LESSEE will promptly pay any judgment rendered against the LESSOR, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of LESSEE hereunder; and LESSEE agrees to save and hold the LESSOR, its officers, agents, and employees harmless therefrom; (c) In the event the LESSOR, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against LESSEE for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of LESSEE hereunder, LESSEE agrees to pay to the LESSOR, its officers, agents or employees, any and all costs and expenses incurred by the LESSOR, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 9. INSURANCE LESSEE shall procure and maintain the following policies of insurance during the term of this Lease: (a) Personal Property Insurance. LESSEE, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its fixtures, equipment, personal property and facilities within the Property from loss or damage to the extent of their full replacement value. (b) General Liability Insurance. During the entire term of this Lease, the LESSEE shall, at the LESSEE's sole cost and expense, but for the mutual benefit of LESSOR and LESSEE, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Property written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1,000,000.00 for bodily injury, death, and property damage or (ii) bodily injury limits of $250, 000. 00 per person, $500,000.00 per occurrence and $500,000. 00 products and completed operations and property damage limits of $100,000. 00 per occurrence and $250,000.00 in the aggregate. (c) Workers' Compensation Insurance. LESSEE shall, at the LESSEE's sole cost and expense, maintain a policy of worker's compensation insurance in an amount a.� will fully comply with 60200092 the laws of the State of California and which shall indemnify, insure and provide legal defense for both the LESSEE and the LESSOR against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the LESSEE in the course of conducting LESSEE's business in the Property. (d) General Provisions Applicable to LESSEE's Insurance. All of the policies of insurance required to be procured by LESSEE pursuant to this Section shall be primary insurance and shall name the LESSOR, its officers, employees and agents as additional insureds. The insurers shall waive all rights of contribution they may have against the LESSOR, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the LESSOR. Prior to the Commencement Date or such earlier date as LESSEE takes possession of the Property for any purpose; and at least thirty (30) days prior to the expiration of any insurance policy, LESSEE shall provide LESSOR with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages written by insurance companies acceptable to LESSOR, licensed to do business in the state where the Property is located and rated A:vI:i or better by Best's Insurance Guide. In the event the Risk Manager of LESSOR ("Risk Manager") determines that (i) the LESSEE's activities in the Property create an increased or decreased risk of loss to the LESSOR, (ii) greater insurance coverage is :required due to the passage of time or (iii) changes in the insurance industry require different coverages be obtained, LESSEE agrees that the minimum limits of any insurance policy required to be obtained by LESSEE may be changed accordingly upon receipt of written notice from the Risk Manager; provided that LESSEE shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of LESSOR within ten (10) days of receipt of notice from the Risk Manager. LESSOR and LESSEE hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Property, its contents, or LESSEE's trade fixtures, facilities, fixtures or personal property arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler leakage and earthquake damage. Each of the parties, on behalf of its respective insurance companies insuring such property of either LESSOR or LESSEE against such loss, waives any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as available in California and provided further that no policy is invalidated thereby. 10. LESSEE DEFAULTS A. The occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by LESSEE: (1) The failure by LESSEE to make any payment of rent or any other payment required to be made by LESSEE hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written notice thereof is received by LESSEE from LESSOR. (2) The failure by LESSEE to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by LESSEE, other than as specified in Paragraph 10.A. (1) above, where such failure shall continue for a period of thirty (30) days after written notice thereof is received by LESSEE from LESSOR; provided, however, that it shall not be deemed an Event of Default by LESSEE if such default is not reasonably capable of being cured within said thirty (30) day period ana LESSEE shall 60200092 6i commence to cure such failure within said thirty (30) -day period and thereafter diligently prosecute such cure to completion. (3) the abandonment of the Property by LESSEE. (4) the making by LESSEE of a general assignment for the benefit of creditors; the filing by LESSEE of a voluntary petition in bankruptcy or the adjudication of LESSEE as a bankrupt; the appointment of a receiver to take possession of all or substantially all the assets of LESSEE located at the Property or of LESSEE's leasehold interest in the Property; the filing by any creditor of LESSEE of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing; or the attachment, execution or other judicial .seizure of all or substantially all of the assets of LESSEE or LESSEE's leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days. B. In the event of any such default or breach by LESSEE, LESSOR may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by LESSOR for such purposes shall be paid :by LESSEE to LESSOR upon demand and as additional rental hereunder. In the event of any such default or breach by LESSEE, (i) LESSOR shall have the right to continue the Lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the rental as it becomes due under this Lease, or (ii) LESSOR shall have the right at any time thereafter to elect to terminate the Lease and LESSEE's right to possession thereunder. Upon such termination, LESSOR shall have the right to recover from LESSEE: (a) The worth at the time of award of the unpaid rental which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss that the LESSEE proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rental for the balance of the term after the time of award exceeds the amount of such rental loss that the LESSEE proves could be reasonably avoided; and (d) Any other amount necessary to compensate the LESSOR for all the detriment proximately caused by LESSEE's failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom. The "worth at the time of award" of the amount referred to in subparagraphs (i) and (ii) above shall be computed by allowing interest at three percent (3%) over the prime rate then being charged by Bank of American, N.A. but in no event greater than the maximum rate permitted by law. The worth at the time of award of the amount referred to in subparagraph (iii) above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%) , but in no event greater than ten percent (10%) . As used herein "rental" shall include the monthly rental, other sums payable hereunder which are designated "rental" or "additional rental" and any other sums payable hereunder on a regular basis such as reimbursement for real estate taxes. Such efforts as LESSOR may make to mitigate the damages caused by LESSEE's breach of this Lease shall not constitute a waiver of LESSOR's right to recover damages against LESSEE hereunder, nor shall anything herein contained affect LESSOR's right to 60200092 77• indemnification against LESSEE for any liability arising prior to the termination of this Lease for personal injuries or property damage, and LESSEE hereby agrees to indemnify and hold LESSOR harmless from any such injuries and damages, including all attorneys ' fees and costs incurred by LESSOR in defending any action brought against LESSOR for any recovery thereof, and in enforcing the terms and provisions of this indemnification against LESSEE. Not withstanding any of the foregoing, the breach of this Lease by LESSEE, or an abandonment of the Property by LESSEE, shall not constitute a termination of this Lease, or of LESSEE's right of possession hereunder, unless and until LESSOR elects to do so, and until such time LESSOR shall. have the right to enforce all of its rights and remedies under this Lease, including the right to recover rent, and all other payments: to be made by LESSEE hereunder, as they become due. Failure of LESSOR to terminate this Lease shall not prevent LESSOR from later terminating this Lease or constitute a wavier of LESSOR's right to do so. C. Acceptance of! rental hereunder shall not be deemed a waiver of any default or a waiver of any of LESSOR's remedies. 11. NOTICES All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) . Should LESSOR or LESSEE have a change of address, the other party shall immediately be notified as provided in this paragraph of such change. LESSEE: c/o PacTel Cellular 3 Park Plaza Irvine, California 92714 Attention: Real Estate Department With a copy to: PacTel Cellular P.O. Box: 19707 Irvine, California 92713-9707 Attn: Legal Department (714) 222-7174 LESSOR: City of Palm Springs P.O. Box: 2743 3200 E. Tahquitz Canyon Road Palm Springs, California 92263 Attn: City Manager with a copy to: Rutan & Tucker P.O. Box: 1950 617E Anton Boulevard, 14th Flr. Costa Mesa, California 92628 Attn: David Aleshire, Esq. 12. HAZARDOUS SUBSTANCTS A. LESSOR represents, warrants and agrees (1) that, to the actual knowledge of Mr. Alan Denfeld, Director of the Department of Parks and Recreation, neither LESSOR nor any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined in 60200092 & Paragraph 13 .B. below) on, under, about or within the Property in violation of any law or regulation, and (2) that LESSOR will not, and will not permit any third party to, use, generate, store or dispose of any Hazardous Material on,, under, about or within the Property in violation of any law or regulation. LESSEE shall not engage in any activity on or about the Property that violates any Environmental Law, and shall promptly, at LESSEE's sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency, LESSOR or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly by LESSEE. The term "Environmental Law" shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Property. LESSEE shall provide all notices required pursuant to the Safe Drinking Safety Code and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 fat seq. LESSEE shall provide prompt written notice to LESSOR of the existence of Hazardous Substances on the Property and all notices of violation of the Environmental Laws received by LESSEE. LESSEE shall have the right to terminate this Lease if LESSEE reasonably concludes from environmental investigation(s) (including but not limited to a Phase I investigation) that a Hazardous Material is present on, about or around this Property; provided that LESSEE must exercise its right of termination within three (3) months of the commencement of this Lease unless such date is extended in writing by LESSEE and by LESSOR through the Director of Parks and Recreation. B. LESSOR and LESSEE each agree to defend, indemnify and hold harmless the other and -the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement Contained in Paragraph 13 .A. above. As used in Paragraph 13 .A. above, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the State of California to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, -toxic or dangerous in any applicable federal, state or local law or regulation. 13 . MISCELLANEOUS PROVISIONS A. LESSOR represents, covenants and warrants that LESSEE, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly :have, hold and enjoy the Property. LESSOR agrees that no other commercial antenna structure(s) will be erected upon any portion of LESSOR's Property without LESSEE's prior written consent. LESSOR will not construct or operate, or permit to be constructed or operated, on LESSOR's Property any antenna structure or communications facility that interferes with LESSEE's use of the Property. B. LESSOR represents, covenants and warrants the LESSOR is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease. LESSOR further covenants that there are not undisclosed liens, judgments or impediments of title on the Property that would affect this Lease which are not disclosed in the preliminary title report obtained by LESSEE. Notwithstanding the foregoing, LESSEE understands and acknowledges that LESSOR shall from time to time allow third parties to use LESSOR's Property (excluding the Property) . C. It is agreed and understood that this Lease contains all agreements, promises and understandings between LESSOR and LESSEE, and no verbal or oral agreements, promises or understandings shall or will be binding upon either LESSOR or LESSEE, and any addition, variation or modification to this Lease shall be void and ineffective unless made in writing and signed by the parties hereto. 60200092 S. D. This Lease and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of California. E. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. F. At LESSOR's option, this Lease shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or any part of the Property or of the easement, provided that every such mortgagee shall recognize (in writing and in a form acceptable to LESSEE's counsel) the validity of this Lease in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy and have access to the Property so long as LESSEE is not in default of this Lease. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. H. The language of all of the provisions hereof shall be construed simply and according to its fair meaning, and this Lease shall never be construed either for or against either party. I. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. J. If either party institutes any action or proceeding in court to enforce any provision(s) hereof, or any action for damages by reason of any alleged breach of any of the provisions hereof, then the prevailing party in any such action or proceeding shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation costs and expenses. K. In addition to the other remedies provided for in this Lease, LESSOR and LESSEE shall be entitled to immediate restraint by injunction of any violation of any of the covenants, conditions or provisions herein contained„ L. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease or limit or amplify any of its terms or provisions. M. Upon the completion of a survey of the Property by LESSEE as described in Section 2.A above and upon the request of LESSEE, LESSOR shall execute: before a notary and deliver to LESSEE for recording a "Memorandum of Lease Agreement" in the form of Exhibit "B" attached hereto and by this reference incorporated herein. N. In addition to all rentals herein reserved, LESSEE shall either pay directly to the taxing authority or pay to LESSOR, at the election of LESSOR, annual real estate taxes (including possessory interest taxes) and assessments levied upon the Property as well as taxes of every kind and nature levied and assessed in lieu of, in substitution for, or in addition to, existing real property taxes no less than twenty (20) days prior to the delinquent date or, if LESSOR rather than LESSEE: receives the tax bill, thirty (30) days after- receipt of a tax statement from LESSOR, whichever is later. 60200092 1701 Even though the term of this; Lease has expired and LESSEE has vacated the Property, when the final. determination is made of LESSEE's share of such taxes and assessments, LESSEE shall immediately pay to LESSOR the amount of any additional, sum owed. 0. During the term hereof LESSEE shall pay prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of LESSEE contained in the Property, and when possible LESSEE shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of LESSOR. P. LESSEE hereby, acknowledges that late payment by LESSEE to LESSOR of rental or other sums due hereunder will cause LESSOR to incur costs not contemplated, by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, any payment of any sum to be paid by LESSEE not paid within ten (10) days of its due date shall be subject to a five percent (5%) late charge. LESSOR and LESSEE agree that, this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to LESSOR for its loss suffered by such late payment by LESSEE. Q. Any sum to be paid pursuant to the terms of this Lease not paid when due shall bear interest from and after the due date until paid at a rate equal to three percent (3%) over the reference rate being charged by Bank of America, N.A. from time to time during such period so long as the rate does not exceed the maximum non-usurious rate permitted by law in which case interest shall be at the maximum non-usurious rate allowed by law at the time the sum became due. R. In the event of a partial or total destruction of the Property during the term of this Lease which requires repairs to the Property or LESSEE's fixtures, improvements, facilities or personal property, LESSEE shall forthwith make said repairs pursuant to the terms and conditions of this Lease. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease. However, if during the last two (2) years of the term of this Lease the Property is damaged to an extent in excess of twenty-five percent (25%) of the then replacement cost, LESSEE may within thirty (30) days following the date such damage occurs terminate this Lease by written notice to LESSOR; provided that, however, LESSEE shall surrender the Property to LESSOR in the condition required by this Lease. If the Lease is not terminated because of said casualty, LESSEE shall promptly rebuild. If LESSEE elects to terminate this Lease, all rentals shall be prorated between LESSOR and :LESSEE as of the date of such destruction. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which LESSEE is obligated to repair or may elect to repair under the terms of this Section, LESSEE waives any statutory right it may have to cancel this Lease as a result of such destruction. S. In the event a condemnation or a transfer in lieu thereof results in a taking of such a portion of the Property such that the Property may no longer be reasonably utilized as a communications facility, LESSEE may upon written notice given within thirty (30) days after such staking or transfer in lieu thereof, terminate this Lease. LESSEE shall not be entitled to share in any portion of the award and LESSEE hereby expressly waives any right or claim to any part thereof. LESSEE shall, however, have the right to claim and recover, only from the condemning authority (but not from LESSOR) , any amounts necessary to reimburse LESSEE for the cost of removing its facilities, personal property and fixtures. 60200092 I111. T. LESSEE shall permit LESSOR and its agents to enter into and upon the Property at all reasonable times after reasonable notice to Lessee for the purpose of inspecting the same or for the purpose of maintaining the light pole which is situated on the Property, or for the purpose of making repairs, alterations or additions to said pole, or for the purpose of posting notices of nonliability for alterations, additions or repairs. LESSOR shall be permitted to do any of the above without any rebate of rent and without any liability to LESSEE for any loss of occupation or quiet enjoyment of the Property thereby occasioned. U. The parties :hereto agree that the State of California is the proper jurisdiction for litigation of any matters relating to this Lease, and service mailed to the address of tenants set forth herein shall be adequate service for such litigation. The parties further agree that Riverside County, California is the proper place for venue as to any such litigation and LESSEE agrees to submit to the personal jurisdiction of such court in the event of such litigation. V. LESSEE herein covenants by and for itself, its heirs, executors, administrators and assigns and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, sex, marital status, color, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the ]Property herein leased, nor shall the LESSEE itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, or subtenants in the Property. IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Lease on the day and year first above written. LESSOR: LESSEE: The City of Palm Springs, LOS ANGELES SMSA a Municipal corporation LIMITED PARTNERSHIP, a California limited partnership By: PacTel Cellular, a California corporation, its General Partner By:.Z( By: v;11-16��- a or J/a(mbs D. Proffi Vice President - Network Department Los Angeles Market Attest: By: �, ity Clerk Rog r P. Downes, Assistant Secretary APPPOvFn BY T HE CITY COUNCIL y . �dti. 53 60200092 2M "LESSOR" State of California ss. County of ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of /_�Z"K_621_ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Z-, �61 County of Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. me, On A17I E] INDIVIDUAL DATE TITLE ILE OF OFFICER-E G "JAME DOE,NOTARYPUDIC" ❑CORPORATE OFFICER(S) 2�74 personally appeare, ; 11'G TITLE(S) (''personally known o me-OR--E]-proved-tor-me-on-the basis-of-satisfactory-eviderrc-e ' ❑ PARTNER(S) [-] LIMITED to be the personQ whose namea) isia E] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledc ed to me that he/Cffsh fay executed ❑TRUSTEE(S) -1 - �i � the same in his/he eir' �C)authorlzed ❑GUARDIAN/CONSERVATOR capaCity,(JTS-), and that by his/hermFeio J, OFFICIAL NOTArl( OTHER: ELANEL �CHWYAH 12' signaturep on the instrument the person(g), C — CQ I Notary Publi' or the entity upon behalf of which the 1l14FRSlDF COI Nrl/ W Comm -_)tpues --E6 03 1 q9r, person(,Q)acted, executed the instrument. SIGNER IS REPRESENTING: WIT7NS,133 my hand and official sea]. NAME OF PERSONS)OR ENTfTY(IES) �—�41 lt�714ekZZe2 SIGNATURE PF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT W THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, t,v it could prevent fraudulent reattachment of ffis form SIGNER(S)OTHER THAN NAMED ABOVE 7� -W --: - - --- ------ _ - ©1992 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave T P 0.BOX 7184-Canoga Park,CA 91309-7184 On before me, personally appeared James D. Proffitt, personally known tome (ors' proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to -the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf cf which the person acted, executed the in MARY M.HOLWID WITNESS my hand and official seal. OMM,#977559 C CcIfforrila Notur,Pit 2611", ORANGE COUNTY Signature ";4 (Sea Of , MV COMM.EXP!rc3 NOV 8,1996 State of California ss. County of 6`re,,-v� ;,,,c- On /d, 6 before me, 1,71. /V1 A C personally appeared Roger P. Downes, personally known to or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MARY M.HOLLAND uV Public—Collforria NotCOMM.#977569 Signature AJ _/1711�j (Seal ORANGE COUNTY My Comm.Explros NOV 8,1996 60200092 1133. EXHIBIT IIA111 LEGAL DESCRIPTION THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALMS SPRING, COUNTY 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. Page 1 of 1 ---------------- Id ...... ............ .......... ........ 0 =7n. 5 .......... ... srra ONTAIL wr i tj tj r EMS:= PACMA INTEL. Ce(lular T O P O G R A P H I U SURVEY flins • TOPOGRAPHIC SURVEY CELL SITE brown & mu Inc. t7H1 816-4769 m br s W \ •3 . 1 -, B A R 1 3 T O JSJavw 'l� i '•- :M f. ..wr a-aY .. R O ^e1•A O ... ` .""xav(.y(.y�I.r• u _�.r 1`_�--,b :.J`• d�- l. �-T 3 t t r vicoaaar�w w J _ � e . - 1 -T•� C'wlii-N W-wa-�YCI�MNNn.=Y wY -1.4M..•' YaYC� Ywa-W CY`a.i Ma r..ra•a �' Y ar\Y Y i1•W.�-IT fa WY.Irl.•a•. W.C.r 4\..r Y�-4rY�•A��� �aY �J Y M.-I•. •.r �aw.. �.ay NYa CYN M ✓4.1.w....... Y I-r-Y-I.W tea+»-.1 W W Caaar • � N ... .... -.t. aaar-NM•Y»'iY Wa.1Li C-al tr.Y-a-...... � W .YN•lY �. C4 Y- Ha�'�Y _..� • I ` 4-f�-' Cam\YN'a1•Ya.l.Y r.l O iN. .J. 11 ate•wY Cl•Y..T W.».M iral 'T'•)Ww'M..+!::::._ •//•r'r-r L� J f.rr Ma lYY•N•w. Y.w I•MI —_ _ au.Nn.N•M•aa.Ya.N.-MI � ' �• ...fyy Y... � y. ••N•W Wt. 1C.M CYC Y W IY- N a-W..I.Y'MJ•- �-� �r s� .a".v _ a� I.sr1.....� �.. N Y..N.w.-�r»i w'�i..ii rY...Yar~ .•1� Q - -l�..a Y rw, W w11-tl WC u.N iw•a.Y 2 I r.-til..rvr % I yarY�—wlw..r /J '...r. �a"ra � � tilr.•...o N.i.1.:�u w.ii�n.l..l+l W �+ ✓u. .. .\ crx.v ...✓uwr. ...a a-»•..--r.» YWYY �W Y MYaa N.a b W Y.a.CYN•W Yt-LC. W-.Y •••.•I N•A•/ YY.' 4a W tl YW Yaa Ya r.la-YEw. a.W C-CCa.Y. uIYC•».Y •NY y.a.C..0.•1 MJYH'H! •� . 1IICTTL LEAS! AIIEA �$ �--- Zr \� � fpJ•y'H'w J/Js AMa 002-L00-00, ., - o C,400JCQ�tIWr PAC`IA Cellular CLLL[ Ix iECT -�TOPaGRAR=C SURVEY-CELL SITE .N14 TOPOGRAPHIC SURVEY raw-•-���•'i!"- i/�h��_ __—� rw+l».1Na .r... . brown & mullinslinc. E^cnean'/•Wv'»d•sYre^�nQ 17N11�6•,76! " w..r...w.rYr»r»..-u..-.u..Y...YYc.�...,.�..� w...l.n. . m. .�- arrrmrrwrr laver Nir..lawrwlrlsa �Ibnarlh alro.•head are ue r e-iwl — — vn bnlwd^w caLlorm um When recorded, return to: Arter, Hadden, Lawler, Felix & Hall 700 South Flower Street, 30-th Floor Los Angeles, California 90017 Attn: James T. Ballard, Esq. MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into on this ;�, day of 6 , 1993, by and between the City of Palm Springs, a Municipal corporation ("LESSOR") , and LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership ("LESSEE") , of which PacTel Cellular, a California corporation, of 3 Park Plaza, Suite 700, Irvine, California 92714, is the General Partner, WITNESSETH THAT: 1. LESSOR, on the terms a d conditions set forth in an unrecorded document dated [:2 , 1993, and entitled "Ground Lease Agreement", which terms and conditions are incorporated herein by reference, and in consideration of the rent and covenants therein provided, does hereby lease to LESSEE, and LESSEE hereby rents and accepts from LESSOR, certain real property located at 1901 East Baristo, in the City of Palm Springs, County of Riverside, State of California, within the property of LESSOR which is described in Exhibit "Al" attached hereto (and incorporated herein) , together with an irrevocable, non-exclusive license (described herein below) for ingress and egress to and from the Property and a right-of-way to install and maintain utilit.Les, for a term of Fifteen (15) years commencing on C� Gi�'� , 1993, which term is subject to extensions by LESSEE pursuant to Paragraph 3.B. of said unrecorded Ground Lease Agreement, which provides: "LESSEE is hereby granted options to extend this Lease on the same terms and conditions for two (2) additional five (5) year period(s) after the original term expires by giving LESSOR written notice of its intention to do so at least ninety (90) days prior to the date that the then-current term would otherwise end. If LESSEE is in default on the date of giving the option notice and said default is not cured in a timely manner after written notice from LESSOR, the option notice shall be totally ineffective, or if LESSEE is in default on the date the extended term is to commence and said default is not cured in a timely manner after written notice from LESSOR, the extended term shall not commence and this Lease shall expire at the end of the initial term or properly exercised extended term. " 2. Paragraph 2 .A. of said unrecorded Ground Lease Agreement provides: "In consideration of the lease payments by LESSEE to LESSOR as agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to LESSEE an irrevocable, non-exclusive license (during the term of this Lease) for ingress and egress (including but not limited to access for vehicles and temporary parking) to and from the Property (seven [7] days a week, twenty-four [24] hours a day) . Notwithstanding the foregoing, LESSEE agrees, except in cases of emergency, to notify the Facilities Supervisor of LESSOR prior to exercising said access license and LESSEE agrees to cooperate with LESSnR Iii exercising 60200092 Exhibit "B" PAGE 1 of 3 " said access license to the extent reasonably necessary for LESSOR to manage and operate LESSOR's property. Notification of the Facilities Supervisor of LESSOR may be made by telephone or electronic facsimile or in writing and is not required to conform to the requirements of Section 11 of this Lease as it is for the purpose of facilitating the management and operation of LESSOR's Property. In connection therewith, LESSEE hereby acknowledges that LESSOR permits third parties to utilize LESSOR's Property from time to time and such use may from time to time temporarily interfere with access to the Property; provided, however, that LESSOR shall cooperate with LESSEE to ensure that LESSEE is provided with the access needed to use the Property for the purposes permitted hereunder and to use its best efforts to provide LESSEE with immediate access to the Property in cases of emergency. " 3 . Paragraph 13 .A. of said unrecorded Ground Lease Agreement provides, in part: "LESSOR represents, covenants and warrants that LESSEE, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have, hold and enjoy the Property. LESSOR agrees that: no other commercial antenna structure(s) will be erected upon any portion of LESSOR's Property without LESSEE's prior written consent which may be withheld for any reason whatsoever. " IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Memorandum of Lease Agreement on the day and year first above written. LESSOR: LESSEE: The City of Palm Springs, LOS ANGELES SMSA a Municipal corporation LIMITED PARTNERSHIP, a California limited partnership By: PacTel Cellular, a California corporation, its General Partner By: By: Mayor James D. Proffitt Vice President - Network Department Los Angeles Market Attest: By: City Clerk Roger P. Downes, Assistant Secretary 60200092 Exhibit "B" PAGE 2 of 3 • i EXHIBIT IIA111 LEGAL DESCRIPTION THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALMS SPRING, COUNTY 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 Fa t, San Bernardi Meridian, as per Map on file in Book 14, Page 65:2, of Maps, records of said County. Page 1 of 1 "LESSOR" State of California ) ss. County of ) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same: in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) State of California ) ss. County of _) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) "LESSEE" State of California ) ss. County of ) On before me, , personally appeared James D. Proffitt, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) State of California ) ss. County of ) On before me, , personally appeared Roger P. Downes, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 60200092 Exhibit "B" PAGE 3 of 3 When recorded, return to: Arter, Hadden, Lawler, Felix & Hall 700 South Flower Street, 30th Floor Los Angeles, California 90017 Attn: James T. Ballard, Esq. MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into on this & day of C( ev - r 1993, by and between the CITY OF PALM SPRINGS, a Municipal corporation ("LESSOR") , and LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership ("LESSEE") , of which PacTel Cellular, a California corporation, of 3 Park Plaza, Suite 700, Irvine, California 92714, is the General Partner, WPTNESSETH THAT: 1. LESSOR, on the terms and conditions set forth in an unrecorded document dated _CMG fa , 1993, and entitled "Ground Lease Agreement", which terms and conditions are incorporated herein by reference, and in consideration of the rent and covenants therein provided, does hereby lease to LESSEE, and LESSEE hereby rents and accepts from LESSOR, certain real property located at 1901 East Baristo, in the City of Palm Springs, County of Riverside, State of California, within the property of LESSOR which is described in Exhibit "Al" attached hereto (and incorporated herein) , together with an irrevocable, non-exclusive license (described herein below) for ingress and egress to and from the Property and a right-of-way to install and maintain utilities, for a term of Fifteen (15) year:; commencing on 6(76: - & , , 1993, which term is subject to extensions by LESSEE pursuant to Paragraph 3 .B. of said unrecorded Ground Lease Agreement, which provides: "LESSEE is hereby granted options to extend this Lease on the same terms and conditions for two (2) additional five (5) year period(s) after the original term expires by giving LESSOR written notice of its intention to do so at least ninety (90) days prior to the date that the then-current term would otherwise end. If LESSEE is in default on the date of giving the option notice and said default is not cured in a timely manner after written notice from LESSOR, the option notice shall be totally ineffective, or if LESSEE is in default on the date the extended term is to commence and said default is not cured in a timely manner after written notice from LESSOR, the extended term shall not commence and this Lease shall expire at the end of the initial term or properly exercised extended term. " 2 . Paragraph 2 .A. of said unrecorded Ground Lease Agreement provides: "In consideration of the lease payments by LESSEE to LESSOR as agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to LESSEE an irrevocable, non-exclusive license (during the term of this Lease) for ingress and egress (including but not limited to access for vehicles and temporary parking) to and from the Property (seven (7] days a week, twenty-four (24] hours a day) . Notwithstanding the foregoing, LESSEE agrees, except in cases of emergency, to notify the Facilities Supervisor of LESSOR prior to exercising said access license and LESSEE agrees to cooperate with LESSOR in exercising 60200255 1 y said access license to the extent reasonably necessary for LESSOR to manage and operate LESSOR's property. Notification of the Facilities Supervl.sor of LESSOR may be made by telephone or electronic facsimile or in writing and .is not; required to conform to the requirements of Section 11 of this Lease as it is for the purpose _ of facilitating the management and operation of LESSOR's Property. In connection therewith, LESSEE hereby acknowledges that LESSOR permits third parties to utilize LESSOR's Property from time to time and such use may from time to time temporarily interfere with access to the Property; provided, however, that LESSOR shall cooperate with LESSEE to ensure that LESSEE is provided with the access needed to use the Property for the purposes permitted hereunder and to use its best efforts to provide LESSEE with _ immediate access to the Property in cases of emergency. " 3 . Paragraph 13.A. of said unrecorded Ground Lease Agreement provides, in part: "LESSOR represents, covenants and warrants that LESSEE, upon paying the rent and performing the covenants herein provided, shall peaceably and quietly have, hold and enjoy the Property. LESSOR agrees that no other commercial antenna structure(s) will be erected upon any portion of LESSOR's Property without LESSEE's prior written consent which, may be withheld for any reason whatsoever. " IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Memorandum of Lease Agreement on the day and year first above written. LESSOR: LESSEE: The City of Palm Springs, LOS ANGELES SMSA a Municipal corporation LIMITED PARTNERSHIP, a California limited partnership By: PacTel Cellular, a California corporation, its General Partner 1, Of ay r I ,As D. Proffit, ,� Slice President - Network Department Los Angeles Market Attest e- B City Clerk Roger P. Downes, Assistant Secretary DBYTIVIE Ry 60200255 2 EXHIBIT "A111 ,LEGAL DESCRIPTION THE LAND REFERRED TO HERETO IS SITUATED IN THE CITY OF PALMS SPRING, COUNTY RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 25 and Westerly rectangular oa-e-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. Page 1 of 1 °LESSOR" State of California ss. County of ) Onbefore me, personally 'appeared , personally known to me to be the rnr proved to me on the basis of satisfactory+teindeinstrument and CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N..5 State of ( �T. LJt ' —�sOPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of .t r'_, -� Though statute does not require the Notary to 1 fill in the data below, doing so may prove r invaluable to persons relying on the document. �z On r �/z/��� before me, � � �' `� 1 2 AeT17//-ate 1&4/&, ❑ INDIVIDUAL DATE NAME,TITLE OF OFFICER-E G.,'JANE DOE,NOTARY PUBLIC" Ej CORPORATE OFFICER(S) personally appeared NAMES)OF SIGNER(S) / / TITLE(S) ( personally known to me DS-❑-proved to mF1'orrthe basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person�Q whose name(it) is/ci GENERAL (I y subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/sh the)executed ❑TRUSTEE(S) >- the same in his/her e authorized `, ❑GUARDIAN/CONSERVATOR capacityoa)? and that by his/he'tthe' ❑� OTHER:OFFICIAL NOTARY SEAL I�� signature(ljr on the instrument the person�ff), ELAINE L SCH vj( K ,'y NoaryPublic—camomla or the entity upon behalf of which the RIVERSIDE COUN persork(6 acted, executed the instrument. _S My Comm Expires �°EB 03.109.5 SIGNER IS REPRESENTING: ptv WITNESS my hand and Official Seal. NAME OF PERSONS)OR ENTITYLES) 0!1 ;; ,,-�'i,��-cue°�ter�/ �'./f'•'�,�,1,'�?��� ; SIGNkrurig Q eorABY a�� ■ OPTIONAL SECTION --- 2,i THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT- NUMBER OF PAGES DATE OF DOCUMENT t 1'! Though the data requested here is not required by law, Bin I,,; It could prevent fraudulent reattachment of this corm. SIGNER(S)OTHER THAN NAMED ABOVE i^ ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 On / - �i before me, J�r'1 its �1 P personally appeared James D. Proffitt, personally /known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the -person, or the entity upon behalf of which the p r n eii� instrument. comm. omm.#97n8 D COMM.+1r 977559 -" *'F,.• Notuty Public—CaVifornia WITNESS my hand and official seal. :ry •o oPANGECcUNTY ( j My Comm.EAplce>NOV 8.19Q6 Signature State of California ss. County of f ' P lft=,�v� �Vc?+Gd U before me, �/ ;. ,` ) /, —? On personally appeared Roger P. personal'. Downes, personay/known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument tethe person# or the entity upon behalf of which the person d the instrument. MARY t, NOLL WITNESS my hand and official seal. "'"r,. COMM f977559 ' NotutY Public—Cciffcinin OP,ANOT COUNTY Signature )j � ^�' ����; al r I.f.-t.+ 7 My C.1mm.Ex'Di= NOV 8.190 3. _ 60200255 - A I R To u C H M AirT..6 Cellular yy� 3Park Plaza Cellular N2 EGEI 7 EL P.O.Box 19707 Irvine,CA 97713 The name for Pn Tel ICT '�- 199Gl' Telephone:7l4 222 7000 December 1, 1994 rN Dear Valued Vendor: Your service is important to AirTouch Cellular. Because we appreciate your business, we in the Accounts Payable department are striving to improve the timeliness of payments to you and request your assistance in the following areas: BILLING ADDRESS: Please send all invoices for the Los Angeles market of AirTouch Cellular to: AirTouch Cellular Attn.: Accounts Payable P.O. Box 19707 Irvine, CA 92713-9707 ORDERING INFORMATION: Please include the following information on each invoice to avoid delay in payment: • The name of the AirTouch person who placed the order. • The cost center number to which the order should be billed. • The Purchase Order or Contract number(if applicable). • The shipped to/service location (if applicable). The above information should be provided by the individual placing the order. PURCHASE ORDER/ CONTRACT REQUIREMENTS: AirTouch Cellular requires approved Purchase Orders or Contracts for all goods or services for$2,500 or more. Thank you for your assistance and your continued support. Sincerely, p 0 Cyn is Frank Accounts Payable Manager M E M O R A N D U M DATE: September 30, 1998 ! o TO: Transportation-AI Smoot 1;7 l FROM: Office of the City Clerk RE: L.A. SMSA-Pactel Cellular-A3281 CC: File Per Section 7, para. B, "Lessee shall not assign this Lease or sublet the property, or any interest therein, without the prior written consent of lessor, which consent shall not be reasonable withheld..." The insurance certificate indicates AIRTOUCH CELLULAR, there needs to be some vehicle transferring the interest to that company. p 1 cc Cr recorded, return to: Q C^ Arter, Haddon, Lawler, Felix i Hell U. � 700 South Flower Street, 30th Floor g Los Angeles, California 90017 Ju0 d Attn: James T. Ballard, Esq. f ' MEMORANDUM OF LEANS AGREEMENT 2 a,. w ' 'Y" TyIS MEMORANDUM F LEASE AGREEMENT, made and entered into on this �ti day o! , 1993, "by ■nd between the CITY OF PALM SPRINGS, a Municipal corporation ("LESSOR") , and IRS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership ("LESSEE") , 1� •>'af, D of which PacTel Cellular, a California corporation, of 3 Park Plaza, Suite 700, Irvine, California 92714, is the General Partner, ' + � WITNESSETH THAT: 'Kr Q 1. LESSOR, on the terms and conditions set forth in an P unrecorded document dated A2 (/ 1 � 1993, and entitled "Ground I Leese An*' rent°, which terms and 'conditions are incorporated u: x herein i , , iomce, and in consideration of the rent and covenants ! *•, therein provided, does hereby lease to LESSEE, and LESSEE hereby +"- rents and accepts from LESSOR, certain real property located at 1901 East Baristo, in the City of Palm Springs, County of Riverside, State of California, within the property of LESSOR which s is described in Exhibit "Al" attached hereto (and incorporated herein) , together with an irrevocable, non-exclusive license (described herein below) for ingress and egress to and from the Ll'1 Property and Bright-of-way to install and maintain utilities, for a term of Fifteen (15) years commencing on jam_, 1993, which "r1`> term is subject to extensions by LESSEE pursuant to Paragraph 3.B. of said unrecorded Ground Lease Agreement, which provides: "LESSEE is hereby granted options to extend this Lease on the same terms and conditions ) for two (2) additional five (5) year period(s) . after the original term expires by giving M , ,r4r LESSOR written notice of its intention to do so at least ninety (90) days prior to the date ) o that the then-current term would otherwise end. If LESSEE I is in default on the date of giving the option notice and said default is g Q r not cured in a. timely manner after written OR # 7L notice from LESSOR, the option notice shall be a totally ineffective, or if LESSEE is in ^ default on the date the extended term is to commence and said default is not cured in a 4 timely manner after written notice from I LESSOR the extended term shall not commence a AI<Y, •`d•,ti�,'•4, and this Lease shall expire at the and of the initial term or properly exercised extended •^� term." :k3J 2. Paragraph 2.A. of said unrecorded Ground Leese Agreement provides: K, qy> "In consideration of the lease payments by LESSEE to LESSOR, as agreed to herein, LESSOR hereby leases the Property to LESSEE and grants to LESSEE an irrevocable, non-exclusive _. license (during the term of this Lease) for -,: „GB:. ingress and egress (including but not limited to access for vehicles and temporary parking) to and from the Property (seven (71 days a week, twenty-four (243 hours a day) . ''"'• Notwithstanding the foregoing, LESSEE agrees, : except in cases of emergency, to notify the y Facilities Supervisor of LESSOR prior to exercising said access license and LESSEE agrees to cooperate with LESSOR in exercising ' - 60A00:55 1 WIRENTAL LAWYERS TITLE COMPAINY hordtY certifies that the within instrurnemi. is a twe an. d ccro"ect copy of the original instrument rc countyCJi"C£G.Of c tl�e G� IC,P, i ,, 3f the fr+ ordi er of the yy y J f�d�°aY��'° t4 ,'� ul ��f,illftFrkl�<. Recorder'sSerial No. x., . r, , Cfsi 1Tif�€N� I I Yt1`CI;S said. access �license to the extent reasonably necessary for LESSOR to manage and operate LESSOR'S properly. Notification of the � Facilities Supery sor of LESSOR may be made by g telephone - or electronic facsimile or in Py writing and is not required to conform to the requirements of Section 11 of this Lease as it is for .,the- purpose of facilitating the management and operation of LESSOR's Property. ry In connection therewith, LESSEE hereby J acknowledges that LESSOR permits third parties IL to utilize LESSOR's Property from time to time and such use may from time to time temporarily e interfere with access to the Property; 9 provided, however, that LESSOR shall cooperate with LESSEE to ensure that LESSEE is provided •vb'F. sn with the access needed to use the Property for k the purposes permitted hereunder and to use ' }4t`,-,�+'•,� its beet efforts to provide LESSEE with u immediate access to the Property in cases of aT,•u..r,-.,.. •=,k�, emergency." 7. r,rigra�.h 17.A, of said unrecorded Ground Lease Agreement 1 provider•, F„t: • +-« '4`• "LESSOR represents, covenants and warrants • '��%' that LESSEE, upon paying the rent and performing the covenants herein provided tltl shall peaceably and quietly have, hold and + enjoy the property. LESSOR agrees that no other commercial antenna structure(s) will be V 1 erected upon any portion of LESSOR's Property without LESSEE's prior written consent which may be withheld for any reason whatsoever." ,. YL9Mp1�r ' ^^ =T IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Memorandum of Lease Agreement on the day and year first above ! : written. y LESSOR: LESSEE: a _ „ The City of Palm Springs, LOS ANGELES SMSA ; 18 "x' �• a Municipal corporation LIMITED PARTNERSHIP, Ira a California limited 4 partnership i N By: PacTel Cellular, e California corporation, its General Partner Aay6r f area D. Pro President oz F..0 [. Network Department *+' Loa Angeles Market Y•� Attest; i—T _ By: s 'City Clerk Roqe P. Downes, As■ tent Secretary �•:� APPRf',VI`T'RY THE CITY COUNCIL BYRJ N0. pia/,. io G `/j mHm. LAWYERS TITLE C:!Y CalTifieSmam, 9b, a C ba m! «, «: «p K cli,igirial ir.istivillent d@Amof, the 7,;rG ihe m3Z-7-1"—L; - GGCalifornia. mNO. Cll ND L AV' IYERO /A By ., "LESSOR" State of California ) County of ) On _ before me, CALIFORNIA ALL-PURPOSE ACKNOWLEOfIMENT 51+• seems State of _I11f1G-' OPTIDNAL IF N ry CAPACITY CLAIMESIGNER ' County of ` �a, TIAY�.IwA.nb«Pa r .Noun la ell in m.eel.b.I.. a .y oror. A, i� 7 nWwuNM N.W.I" docurl.M❑INDwIDUAL NANf 1111EC6 OF ICEN EO 'JANF NOIWV PUBLIC ❑CORPORATE OFSI personally appearedCJ1�[ 11 1/i'!>L l ' _ ililf onally known to me•OA—@provedtome-a5lho-besrsd�ehelxlory evWence ❑PARTNERIS) ❑ EDRALto be the person(�whose name{gjisMsubscribed to the within mslrument and ecATTORNEYINFknowledged to me that he/sh hey_ xaculed ❑TRUSTENSI the same In his/he e1"_tthoriZ ❑GUARDIAWCONOR'capacityt({s), and that by his/her OTHER i O111c1 lNo'AI'° .` 'slgnature�'on the Instrument the person(s)iEUINEC SCHYIANIior the entil u on behalf of which the,!w Nodly PudA-Cmlmmla Y P •" + RwPRsIDECO11N` personQ,acled,executed the Instrument. MT Comm Exty,"FE1303 up• SIGNER IS REPRESENTING: NIITTTNEEESS my hand and official Seel. NAME Or PE.M)NISI ON ENTI"IIE51 sI.N + Jj NOIAnr �� "Y,";' ■ DPTID410 NAL SECTION - " THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT ti 4a w h1 n NUMBER OF PAGES DATE OF DOCUMENT Thb.dt..11U.%rM Mr .nol,".E.d by I.W. dcbuM pr.v.m lr.Wulanlrun.cnm.bl of IN.Imm SIGNER(S)OTHER THAN NAMED ABOVE IMI2 NATIONAL NOTARY ASSOCIATION•82M R.mm.l Ave POeo.71414.Car !Nah,GAIEI3 71" Q � 16 u County of 1,i;cy.-,E- ) On /a T 'I ' before me, lbel, /)I. l•-/r//.rr � , /1/{In+ N• � � personally appeared James D. Proffitt, personally nown to me (or proved to me on the basis of satisfactory evidence) to be the 19p person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized T capacity, and that by his signature on the instrument the -person, $ : or the entity upon behalf of which the person acted, executed the -• instrument. +rHOILAND R ,� COMM.10J7550 WITNESS my hand and official seal. nI NoIuYPlbgetilm"olNa / OPM 'COUNTY 4.,••'>± : Signature ,/}ILa. h . d.(, r.P . , n NOV 0.1oN state of California County of niff:sf _) n i On /d E•• Yi 3 before me, Aln.r y1f. /+1lla,r.1 N,,J,A /2� x,, - �•• � personally appeared Roger P. Downes, personally known to me (or 7 proved to me on the basis of satisfactory evidence) to be the - ,; �; person whose name in subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person J acted, executed the instrument. .,•," WITNESS my hand and official seal. AML p6eIM=Iyk,�_a1My�Ir OAMM 0 Signature .., tr ••"y,• _ I „I 60700255 3. i � (141,MENITAa UAVNERS 3 m§9m -mlifies gw the w+, i;u«» a = and copy of. z%« i x« a c m». the Aa G 2, @um ± � A at /wez Oil , x �2y������ . 2N. EtLk Cam:3A/ y . . 1 I, "LESSOR" State of California u' l ) 69. County of ) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the mama in his authorized capacity, and that by his signature on the instrument the person, t or the entity upon behalf of 'which the person acted, executed the .+ instrument. WITNESS my hand and official seal. Signature (Seal) rA State of California ) ' as. ryryry County of ) i111 _ before ma, _ , -- personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, • or the entity upon behalf of which the person acted, executed the instrument. LI1 WITNESS my hand and official seal. Signature (Seal) "LESSEE" �tt�55e State of California �iO}�"^'•+ ' Count x`- I Y o! iJ�e y oIU f On o ;• i before me, 1�m M. l,/,//n.J r Nck.,• �;�•,�,,, personally appeared James D. Proffitt, personally cnown to me For /i,Ii� g Q proved to me on the basis of satisfactory evidence) to be the _7 ";, •* person whose name is subscribed to the within instrument and m acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the -person, e or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. coM.M.►wlso L� N6 Vet"e . c 19 Signature , ( . 4 •. c . . ,.r �" fee]E)WnravIL State of California ' I, County of 6_1111*g ,y on iJ b, 14 before me, /Jln, ilf Alllgg. personally appeared Roger P. Downes, personally known to me (or proved to me on the basks of satisfactory evidence) to be the .y. person whose name is subscribad to the within instrument and :+ acknowledged to me that the executed the same in his authorised Capacity, and that by his signature on the instrument the y, person.. or the ant upon behalf of which the person acted, executed the instrument. scoh"MS M WITNESS my hand and official seal. �"s'is� , —mm1 Signature L. . -�L.._ I/ weM qV ww�OO1►saerMIrMaYLM%" gs ' S� 60200255 3. CONmNIENRL LAWYERS IRE CQIPA m �:& m3a that $B ,Sme r� A: b■ ,a correct z» a!» original inss[rument 2md Aea %Bi-ec,9yz the c1mmy 01 ƒ z California. Recorder's Seri M\m CO �7 #EI« ;/�E, / By I I I � i � _y « � , �. •a n t.yr„ L7[HI➢IT "All' THE LAND REFERRED To HER15TO IS SITUATED IN THE CITY OF PALMS SPRING, COUNTY RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS � FOLLDWS: p{ '.+. ar one of Lot 26 of Palm Valley d an, lards +,> Lot 25 and Westerly re�cterG"l Fact, San Betnerdi+n tMsidlan, ee per If in Section 13, Ta+mship 0 6:xfth, F+anpe of said County, Map on file in Bode 14, Page 652, of Mepa, records i w,Yjt�u YID"' J 1 tS41P.n N i i rox + T ..of..a 6 t±rYai^a, i:V,. '�" Page 1 of 1 CONTINENTAL I LAWYERS TITLE COMPANY hembv cWhel that We within instrument i true Ad coryd Sqv of the original ipstr��.- reurdodl-in4y.q AS of the recorder c COLISY 4 Mate 01, I Oil Record6r's Serial No. I CON ILENT�L -[Lli-bop,)odt YERS) By G �v ���� .r �� ]v CrrA a 6�9ww � u � a✓'�� r DnTE(Mrt:r©u/vr) 11/4/93 rsi -PRODUCED THIS DEV1TIFW,A7F IS B'SUE-D A'; A {>IdM TL^FI OV IWOHMA`dION CERT: #609 0641_Y AND GOI17-ER S NO P3ICI ITS UPON THE CERTIFICATE-. IIOLDEM TI-1I3 H;E IRTIRCATE DOM NOT AMEND, EXTEND 0.n JOHNSON&HIGGINS OF CALIFORNIA JO NSONCALIF I STREET �1�TEtn TIC cUBWCmer t4CGaumr—m OV TIM POD li 2U.Mv. SAN FRANCISCO CA 94104 COMPAW-P A6= ® IA A COVE-MACE COMPANY NATIONAL UNION FIRE INS. CO. INsDRED PACTEL CELLULAR COMPANYRICAN HOME ASSURANCE CO. AME PACIFIC TELESIS GROUP — — RISK MANAGEMENT DISTRICT COMPANY INS.CO.OF THE STATE OF PA. PACIFIC TELESIS GROUP 130 KEARNY STREET-#3474 COMPANY SAN FRANCISCO CA 94108 `) f Gt.Dtl3L:E3G\cnC:� ' 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. COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY SIT NATION LIMITS LTR III DATE(MM/DDNV) DATE(MMIDD/YV) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY RMGL 175-9366 06/01/93 III 06/01/94 III PRODUCTS-COMP/OP AGG_III 1,000,000 CLAIMS MADE IOCCUR III PERSONAL&ADV INJURY I$ 1000000_ --_ OWNER'S F,CONT PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $_1,000 000 - - --- MED E (Any oneperson) _ $ 5,600 -AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) '$ HIRED AUTOS BODILY INJURY - NON-OWNED AUTOS (Per.sudenp PROPERTY DAMAGE Ili $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM _ _ _ _ _ _ _/ / $ B WORKERS 4ND RMWC 144-9450 06 01 93 06/01/94 EACH A STATUTORY LIMITS C HACCIDENT- $1,000,000 THE PROPRIETOR/ INCL RMWC 144-9463 06/01/93 06 Ol 94 DISEASE-POLICY LIMIT $1,000,000 PARTNERS/EXECUTIVE —- - —- 110001 00 OFFICERS FIC RS ARE EXCLI DISEASE EACHEMPLOYEE $1,000,000 OTHER cc: Cynthia Nichols(714)222-7676 - - - -- DESCflIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SOLELY AS RESPECTS LIABILITY ARISING OUT OF GROUND LEASE AGMT FOR PROPERTY LOCATED PALM NOTE: WAIVER OF SSUB OGA IONGINCLUDED SPRINGS/CITY] DERTFICATE HU3I.J)EE3 -- SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE- THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR VO MAIL ATTN: CITY MANAGER DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 E.TAHQUITZ CANYON ROAD YU'r FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOLIGATION OR LIABILITY PALM SPRINGS CA 92263 OF ANY KIND UPON THE COMPP' v, ITS AGENTS OR REPRESENTATIVES. AUTHOHIZEwp'EPPGSLNTA IVC- y� -�'^L,�re,� - - - - - - - 11111111//((�T1I``i�n�L•C��'"',, .�/7J AL:ORD 26-3(3�9R) ©Ar�_'�iF3�GF,yNRdCr��BA a"]4:h'J d2!�I'sl DATE(MMIDD� ACORD,. CERTIFICA OF LIABILITY INSURAN 04/01/2005 03/25/20 21 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOCKTON COMPANIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W.47TH STREET,SUITE 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (816)960-9000 ALTER THECOVERAGE BY THE P LICIE BELOW, KANSAS CITY MO 64112-1906 INSURERS AFFORDING COVERAGE INSURED SPRINT SPECTRUM L.P. INSURERA: 14966 6160 SPRINT PARKWAY OVERLAND PARK,KS 66251 INSURER B' " R I '' INSURER C' TR ANSPORTA TION INSLJRAN�E"�O INSURER D' 4 Xu COVERAGES DE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA'T,ED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE'4%Y@VV fSS6ED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONMMONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY NUMBER DATE EM/pEpITYIYVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 000000 A COMMERCIAL GENERAL LIABILITY GL 251929176 04/01/2002 04/01/2005 _ FIRE DAMAGE(Any and fre $ - CLAIMS MADE [XI OCCUR MED EXP(Any one ersan CONTR ACTT IAi PERSONAL&ADV INJURY GENERAL AGGREGATE 5000000 GEHLAGGREGATELIMITAPPLIESPER PRODUCTS-COMP/OP AGE $ POLICY PRO LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,00Q000 A X ANYAUTO BUA 251929193 04/01/2002 04/01/2005 Ea accident ALL OWNED AUTOS eo $ XXXXXXX SCHEDULED AUTOS (Perr person) HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC AUTO ONLY. AGO $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ xxxxXXX' OCCUR 171 CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX El UMBRELLA DEDUCTIBLE FORM 17 RETENTION $ $ xxxxxxx STATU- OTH- Pi WORKERS COMPENSATION AND WC2j]929159(AOS) 04/01/2902 04/01/2005 WCM C, EMPLOYERS'LIABILITY WC 251929162(AZ,OR,WI) 04/01/2002 04/01/2005 E L.EACH ACCIDENT $ N/A IN MONOPOLISTIC EL DISEASE-EA EMPLOYEE E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER,ITS OFFICERS,AGENTS&EMPLOYEES ARE ADDITIONAL INSUREDS ON A PRIMARY BASIS AS RESPECTS LIABILITY COVERAGE,AND SUBROGATION IS WANED,ONLY AS REQUIRED BY CONTRACT RE:INSTALLATION,OPERATION&MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT. LEASED LOCATION:-1901 E.BARISTO,PALM SPRINGS,CA SITE LD RV03XC073 CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER: CANCELLATION 350812 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF PALM SPRINGS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR MAIL 30- DAYS WRITTEN ATTN:CITY CLERK PO BOX 2743 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT-F^ T FmLL PALM SPRINGS,CA 92263 N"PQ T" EN-Ts-oR R€RR€SBJTATIVES. AUTHORIZED REPRESENTATIVE / ACORD 25-S(7/97) - C ©ACORD CORPORATION 1988 i IMPORTANT e holder is an ADDITIONAL INSURED, the olicy(ies) must be endorsed. A statement If the certificate P on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insuter(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. orz a CERTIFICATE OF PROPERTY INSURANCE DATE 12/30/20/2022' ,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. PRODBCER CONTACT NAME ADD Risk services Northeast, Inc. PHONE FAX New York NY Office (AB No En) (866) 283-7122 I. Not (800) 363-0105 One liberty Plaza EAMAIL SS 165 Broadway, Suite 3201 PRODUCER New York NY 10006 USA CUSTOMERION 570000027366 INSURED Verizon wireless, LLC 1095 Avenue of the Americas New York NY 10036 USA INSURER(S) AFFORDING COVERAGE INSURERA: steadfast Insurance Company INSURER 0: INSURER F: NAIC If i387 LOCATION OF PREMSE& DESCRIPTION OF PROPERTY Amoco ACORD tot. Additional RwNM1e S41s dule, It n ne state le remained) Named IDsured Includes: LOS Angeles SMSA LP dba Verizon wireless. RE: For new cell site: Spa Casino, Location Code: 159533; Address: 295 S. Indian Canyon, Palm springs, CA 92262. 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 ITS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MAVDDIYYYY) POLICY EXPIRATION DATE (MWDDIYYYY COVERED PROPERTY LIMITS A X PROPERTI OF LOSS DEDUCTIBLES PPR373455021 12 77r— 1213112023 BUILDING PERSONALPROPERTY BUSINESS INCOME EXTRAEXPENSE RENTALVALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG a PP CAUSES BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE X PMOD .000 WIND FLOOD BIM PP Ded INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER a MACHINERY/ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may Ee etlached If more spec Is repuired) Business income is included under the Personal Property Limit. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Property policy. JAN 10 2023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. L .0 i 9 L u a C x E cc W ED Z Z W Q U LL cc IY W U City of Palm Springs Attn: city clerk City HBrNa��L 3200 East Tahquitz Canyon Way Receptbn IJCAIt AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 USA CV /nj f nrfJ 6 •�—i• ACORD 24 (2016103) N.Lrt1M fui =_ © 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: A� ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk services Northeast, Inc. POLICY NUMBER verizon wireless, LLC See certificate Number: 570097153014 CARRIER NAIC CODE See certificate Number: 570097153014 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Primary Addendum 570000027366 4 Page _ of _ Policy# PPR373455021 with steadfast insurance Co. is 3.33 % of the primary layer. 96.67 % of the primary layer is directly placed through Exchange indemnity Company of New Jersey. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ac"j?12/30/2022a CERTIFICATE OF PROPERTY INSURANCE °ATE 30/2 22 ,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. PRODUCER ADD Risk Services Northeast, Inc. New York NY Office one Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURED verizon wireless. LLC 1095 Avenue of the Americas New York NY 10036 USA (866) 283-7122 1 ..-.. (800) 363-0105 1 570000027366 INSURER(S) AFFORDING COVERAGE INSURER A: Steadfast insurance Company NSURER B: NI a. u L: C NAIC le 7 5387 9 s LOCATION OF PREWSE& DESCRIPTION OF PROPERTY (Am.eh ACORD 101, Ad IIbnel Rem ids Schedulo, II more apace Is requhod) Named Insured Includes: LOS Angeles SMSA LP dba verizon wireless. RE: For new cell site: spa Casino, Location Code: 159533; Address: 295 S. Indian Canyon, Palm Springs, CA 92262. 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDDIYYYY) POLICY EXPIRATION DATE (MMIDD/riYY) COVERED PROPERTY LIMBS A X PROPE.RT)' OF LOSS DEDUCTIBLES PPR 3 734 5 507 12 7717772 1213112023 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG a PP CAUSES BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE X $10.000,000 WIND FLOOD aki PP Ded INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER a MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Elements Schedule, may he enached R more space le required) Business income is included under the Personal Property Limit. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the Property policy. City of Palm Springs Attn: City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 USA 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 C 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD 2 W m Z Z W Q U LL F 2 W U AGENCY CUSTOMER ID: LOC #: AcoRo �ADDITIONAL REMARKS SCHEDULE 570000027366 1 Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. verizon wireless, LLC POLICY NUMBER see certificate Number: 570097153014 CARRIER NUC CODE EFFECTIVE DATE: see certificate Number: 570097153014 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Primary Addendum Policy# PPR37345SO21 with steadfast Insurance Co. is 3.33 % of the primary layer. 96.67 % of the primary layer is directly placed through Exchange indemnity Company of New Jersey. ACORD 101 (2008/01) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MSC#17755 Aon Risk Services PO Box 1447 Lincolnshire, IL 60069 MDG2023 00001360 01 I��I'I'IIIIIIII.II'I'�'�I'I�"IIIII�'��.III�'II��I�'11'II�I..IIII City of Palm Springs Attn: City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 A4 CERTIFICATE OF PROPERTY INSURANCE 1 12/30/2022 DATE 30/2022 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. PRODUCER Aon Risk Services Northeast, Inc. New York NY office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURED cellco Partnership dba verizon wireless 1095 Avenue of the Americas New York NY 10036 USA (866) 283-7122 i �n,c Nam, (800) 363-0105 i 570000027366 AFFORDING COVERAGE INSURER steadfast Insurance INSURER B: INSURER E: INSURER F: LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY pNach ACORD 101, MOXbnal Remarks Stwule, If more apace Is required) 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDOIYYYY) POLICY EXPIRATION DATE (MLVDDIYYYY) COVERED PROPERTY LIMITSLTR A X PROPERTY OF LOSS DEDUCTIBLES PPR 1 1 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLOG B PP CAUSES BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE WIND X $10,000,000 FLOOD BIN PP Ded INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER 8 MACHINERY I EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached K more spa" is required) ALL RISK PROPERTY SUBJECT TO POLICY TERMS, CONDITIONS, AND EXCLUSIONS. CERTIFICATE HOLDER I5 INCLUDED A5 A LOSS PAYEE WITH RESPECT TO THE ABOVE LOCATION. city of Palm Springs office of The City Clerk P.O. BOX 2743 Palm Springs CA 92263 USA JAN 17 2023 City Hall Reception Desk 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 {��-/.�/`//—,/ j2 CN41I VLOG �IL6KBN I,/11I4{ V m LU W m Z Z W Q U LL M LU W U ® 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016103) The ACORD name and logo are registered marks of ACORD 9 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE 570000027366 AGENCY NAMEDINBURED Aon Risk services Northeast, Inc. POLICY NUMBEA Cellco Partnership dba verizon wireless See Certificate Number: 5700971SO936 CARRIER NMC CODE See Certificate Number: 570097150936 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Primary Addendum Page _ of _ Policy# PPR373455021 with Steadfast insurance Co. is 3.33 % of the primary layer. 96.67 % of the primary (layer is directly placed through Exchange Indemnity Company of New Jersey. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Certificate No: 570097150936 City Of Palm Springs Office Of The City Clerk P.O. Box 2743 Palm Springs CA 92263 USA Tuesday, January 3, 2023 To whom it may concern: AON Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570097150936) for future renewals: - Visit aon.com/e-cert; or - Utilize the OR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 17755 1 Aon P.O. Box 1447 Lincolnshire, IL 60069 10 . 1 Mmi'`m acoRo® CERTIFICATE OF PROPERTY INSURANCE °ATE12/3030/00 022/2022 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. PRODUCER CONTACT Aon Risk Services Northeast, Inc. NA FAX New York NY Office [AG No E.p (866) 283-7122 ,AC Nor (800) 363-0105 One Liberty Plaza E-MAIL 165 Broadway, Suite 3201 ADDRESS PRODUCER New York NY 10006 USA CVSTO ERIDe. 570000027366 INSURED Verizon Communications Inc. 1095 Avenue of the Americas New York NY 10036 USA INSURER B: 3 COVERAGE NAIC A Company 26387 LOCATION OF PREMISESI DESCRIPTION OF PROPERTY (A1M0h ADDED 101, Additional n imumst Stkeduk, It more sptn it ns,ima) Named Insured Includes: LOS Angeles SMSA LP. RE: Contract NO. 35042, Site Name: Palm springs, Address: 1116 Maricopa Highway, Ojai, CA 93023. Location Code: 221849. 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 LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMDD:YYYY) POLICY EXPIRATION DATE (MMDD'YYYV) COVERED PROPERTY LIMITS A X PROPERTY CAUSES OF LOSS DEDUCTIBLES PPR P/312P022 12/31/2021 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRAEXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG 8 P P BASIC BUILDING BROAD % SPECIAL CONTENTS EARTHQUAKE % $10,000,000 WIND FLOOD BIM PP pad INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER A MACHINERY I EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101. Additlonel Remarks SXh*dula. may W eMM*d H more spec* IS required) All Risk Property subject to policy terms, conditions and exclusions. waiver of Subrogation applies to the Property policy as required by written contract. City of Palm Springs 1{� office of the city clerk PO Box 2743 1 Palm springs CA 92263 USA ACORD 24 (2016/03) KCC EI V A %q %q9 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION J" 7 LOLJ DATEPROVTHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY u L .0 Y 7 G 9 IL W m Z Z W Q U LL F 2 W U City Hall Aur�,nauEn REPRESENTATIVE tJrIOIA ✓Lff'f: t/ILLIRM4 V/�a/fJ0. 1_ Reception Desk 01995.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 LOC #: A�R" ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. veri zon communications Inc. POLICY NUMBER See Certificate Number: 570097155914 CMRIE9 NAIC CODE EFFECTIVE DATE: 1 See Certificate Number: 570097155914 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Primary Addendum Policy# PPR373455021 with steadfast insurance Co. is 3.33 % of the primary layer. 96.67 % of the primary layer is directly placed through Exchange Indemnity Company of New Jersey. The ACORO name and logo am registered marks of ACORD Certificate No: 570097155914 AON City of Palm Springs Office of the City Clerk PO Box 2743 Palm Springs CA 92263 USA Tuesday, January 3, 2023 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570097155914) for future renewals: - Visit aon.com/e-cert; or - Utilize the OR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 17755 1 Aon P.O. Box 1447 Lincolnshire, IL 60069 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE 570000027366 Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. calico Partnership dba verizon wireless POLICY NUMBER See certificate Number: 570097150932 CARRIER NAIL CODE EFFECTIVE DATE: 1 See certificate Number: 570097150932 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 24 FORM TITLE: Certificate of Property Insurance Primary Addendum Policy# PPR373455021 with Steadfast insurance Co. is 3.33 % of the primary layer. 96.67 % of the primary layer is directly placed through Exchange indemnity Company of New Jersey. ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF PROPERTY INSURANCE I DATE 3012 022 / 12/0/2 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. PRODUCER CONTACT ADD Risk Services Northeast, Inc. NAME PHONE FAX New York NY Office IAC. Nc E u. (866) 283-7122 (AC. Nop (800) 363-0105 One Liberty Plaza noMoale 165 Broadway, Suite 3201 S. PRDDucER New York NY 10006 USA CUSTnMFRIUd 570000027366 COVERAGE I NAIC# INSURED INSURER A: Steadfast Insurance Cellco Partnership dba verizon wireless wsuRER a: 1095 Avenue of the Americas INSURER': New York NY 10036 USA INSURER D: INSURER F: LOCATION OF PREMISESI DESCRIPTION OF PROPERTY (Adech ADDED 101, Additional Ramada Schedule, II more apace la required) RE: Contract No. 35042, GL# 120875, Site Name: Palm Springs, Site Address: 1901 East Baristo Road, Palm Springs, CA. 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) COVERED PROPERTY LIMITS A X PROPERTY OF LOSS DEDUCTIBLES PPR373455021 12 it 2021 1213112023 BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PEAS PROP BLANKET BLDG a PP CAUSES BASIC BUILDING BROAD X SPECIAL CONTENTS EARTHQUAKE WIND X $10,000.000 FLOOD BIM PP OW rT- INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY CAUSES POLICY NUMBER CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN IAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may Ee attached it more specs la required) Risk Property subject to policy terms, conditions and exclusions. A waiver of Subrogation is granted in favor of ificate Holder in accordance with the policy provisions of the Property policy. Business income is included under the sonal Property Limit. Coverage is provided on a Replacement Cost basis F City of Palm Springs Office Of The City Clerk Po Box 2743 Palm Springs CA 92263 USA ACORD 24 (2016/03) 0 S �p u CANCELLATION o 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION J - OATS THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r _ o AUTHORIZED REPRESENTATIVE �"y�� (/��/(� � may/'/ ��//+ y/J CJrIon ✓L'*(y6 tllCIIIOV/ JW. 8 ID 1995.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Certificate No: 570097150932 AON City Of Palm Springs Office Of The City Clerk PO Box 2743 Palm Springs CA 92263 USA Tuesday, January 3, 2023 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570097150932) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 17755 1 Aon P.O. Box 1447 Lincolnshire, IL 60069 0 .1 MmiVm 0 MSCN17755 Aon Risk Services PO Box 1447 Lincolnshire, IL 60069 MDG20230000468602 111111111,111••nphIIIIII �•i�hurluh��rdlu,•iq•p�l• City Of Palm Springs Office Of The City Clerk PO Box 2743 Palm Springs CA 92263