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New Cingular Wireless PCS, LLC A2017-214 (ATT)AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement A2017-214 COMMUNICATIONS LICENSE AGREEMENT . This COMMUNICATIONS LICENSE AGREEMENT ("Agreement") is entered into between New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Licensee"), and the City of Chino Hills, a California general law municipal corporation ("Licensor") this 12th day of September , 2017 ("Effective Date"). WHEREAS, a. Licensor is the fee title owner of that certain real property located in the City of Chino Hills, County of San Bernardino, State of California, APN1024-022-22, and described more particularly in Attachment A hereto, which description is fully incorporated herein by this reference ("Real Property"); b. Licensee desires to license from Licensor the right to use that certain portion of the Real Property, and, on a non-exclusive basis, those certain related easements through the Real Property for physical access and utilities, as depicted in Attachment B hereto which is fully incorporated herein by this reference ("Premises"); C. Licensee desires to use the Premises for the installation, maintenance and operation of Licensee's communications equipment, including antenna and appurtenant antenna support structure(s), poles, dishes or masts, radio frequency transmitting and receiving equipment, primary, back-up and temporary power units, interconnection equipment, equipment cabinets, cabling, wiring, lines, conduits, pipes and accessories as more particularly described throughout this Agreement (collectively, "Communications Equipment"). Licensee's initial plans respecting installation of Communications Equipment and construction of related improvements on the Premises and the conceptual plans and preliminary specifications of the Storage Unit (defined in Section 6, subsection (g) below) is depicted and described in Attachment C and fully incorporated herein by this reference. A description of the Communications Equipment, including the proposed frequencies and configuration of operation is provided in Attachment D and fully incorporated herein by this reference; and d. Licensor is willing to make the Premises available to Licensee, subject to the covenants and conditions hereinafter set forth on an exclusive basis in order to facilitate the efficient and orderly deployment of communications facilities in the City of Chino Hills. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties as set forth herein, and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant. During the Term (as defined in Section 3(a) below) of this Agreement, subject to the terms, conditions and covenants set forth herein, Licensor hereby grants to Licensee, a license, irrevocable except pursuant to the terms of this Agreement to use the Premises for the purposes permitted in Section 2. 2. Use. (a) Licensee shall use the Premises only for (i) providing communications services relating to the transmission and reception of radio communications signals on the frequencies identified in Attachment D, and (ii) such other frequencies as Licensee may lawfully utilize in the future pursuant to licenses granted by the Federal Communications Commission provided that Licensee notifies Licensor of the change or addition of frequencies and demonstrates through. 9/5/2017 6:20 PM AT&T Site CLV2912 (Chino Hills Recreation Center) Communications License Agreement the presentation to Licensor of an intermodulation study that the change or addition of frequencies will not cause material interference with the then existing uses of Licensor or other licensed carriers at the Real Property which operate radio frequencies on the Property in compliance with laws. Such use includes Licensee's right to install, construct, operate, maintain, repair, replace, upgrade and secure Communications Equipment in accordance with the terms and conditions of this Agreement. (b) The precise location of the Communications Equipment, and any construction or improvements of the Premises, shall be subject to Licensor's prior written approval in accordance with Section 6 of this Agreement. (c) Licensee shall at all times, at Licensee's sole cost and expense, install, operate, maintain, repair, and remove the Communications Equipment in accordance with all applicable federal, state and local laws, codes, ordinances, rules and regulations (collectively, "Laws"), and shall obtain all necessary governmental licenses, permits and approvals (collectively, "Approvals") required to install, operate, maintain, repair, and remove the Communications Equipment. 3. Term. (a) The initial term of the license granted hereunder ("Term") shall commence on the Commencement Date and continue for a period of five (5) years thereafter. For purposes of this Agreement, the "Commencement Date" shall be the first to occur of (i) the first day of the month during which Licensor approves the Final Plans pursuant to Section 6(a) herein, provided that such approval includes all required building permits necessary to allow Licensee to construct its facilities on the Premises, or (ii) six (6) months after the Effective Date of this Agreement as first set forth above. Licensee shall give written notice to Licensor upon commencement of installation or construction relating to the Communications Equipment. This Agreement shall not be revoked or terminated except as expressly provided herein. (b) Licensee shall have the option to extend the Term, on the same terms and conditions as set forth in this Agreement, for up to five (5) successive terms of five (5) years each ("Renewal Terms") subject to Section 5 herein, provided that Licensee shall notify Licensor in writing of Licensee's intention to extend this Agreement at least 90 days prior to expiration of the Term or the then -existing Renewal Term, as the case may be. Notwithstanding the foregoing, Licensee shall not have the right to extend the Term hereof, and any notice by Licensee of its intention to extend this Agreement shall be of no effect, at any time when Licensee is in default under this Agreement beyond any applicable notice and cure period. 4. Fees and Costs. (a) On or before the Commencement Date, and on or before thirty (30) days prior to each anniversary of the Commencement Date during the Term and each Renewal Term, Licensee shall pay to Licensor an annual license fee in an amount of Forty -Six Thousand Seven Hundred Forty Nine and 62/100 Dollars ( $46,749.62), adjusted in accordance with paragraph (b) immediately below (the annual license fee, as adjusted herein, is referred to as the "License Fee"). (b) The License Fee shall automatically increase each and every year of this Agreement, during the Term and during each Renewal Term, upon the anniversary of the Commencement Date. The amount of increase shall be the greater of: (1) four percent (4%) of the License Fee in effect immediately preceding the increase, or (2) the annual increase in the Consumer Price Index (All Items, Base 1982-84 = 100) based upon the most recent report by the U.S. Bureau of Labor Statistics for all urban consumers in the Los Angeles -Riverside - 9/5/2017 6:20 PM AT&T Site CLV2912 (Chino Hills Recreation Center) Communications License Agreement Orange County area. Notwithstanding the foregoing, the License Fee upon which the annual increase is calculated may be adjusted prior to and effective upon each Renewal Term in accordance with Section 5 below. (c) Except as otherwise provided in Section 9 below, the parties hereto agree that the License Fee is fully earned on the date that it becomes due. Any refund or offset of any portion of the License Fee shall occur only as required under Section 9 below. 5. Adiustment of License Fee Upon Renewal. (a) Following Licensee's notification of intent to extend this Agreement pursuant to Section 3 above Licensor and Licensee shall meet and confer regarding the fair rental value of the Premises. The parties may agree that the then -existing License Fee is less than the fair rental value for the Premises and adjust the License Fee accordingly. If the parties do not agree upon a License Fee reflecting the fair rental value within fifteen (15) days following the meet and confer date, either party may request an appraisal. (b) If either of the parties requests an appraisal of the fair rental value for the renewal of this Agreement, Licensor and Licensee shall each appoint in writing an independent and qualified real estate appraiser meeting the criteria enumerated in paragraph (c) of this Section, within thirty (30) days of the request for an appraisal. If either party fails to appoint an appraiser, then the appraiser appointed by the party so appointing an appraiser shall make the required appraisal acting alone, and the decision of such appraiser as to the fair rental value of the Premises shall be conclusive and binding upon Licensee and Licensor. If -the two (2) appraisers are appointed by the parties as stated in this paragraph, they shall meet promptly and attempt to set the License Fee for the Renewal Term. If they are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in paragraph (c) within ten (10) days after the last day the two appraisers are given to set the License Fee. In the event that the two (2) appraisers so selected do not choose the third appraiser within such ten-day period, either party may, at Licensee's expense, apply to the presiding judge of the Superior Court of the State of California for the County of San Bernardino for the appointment of the third appraiser. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall make the fair rental value appraisal of the Premises. If a majority of the appraisers are unable to set the License Fee for the Renewal Term within the stipulated time period, the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the License Fee for the Premises during the Renewal Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen percent (15%) lower and/or higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the License Fee for the Premises during the Renewal Term. If both the low appraisal and the high appraisal are disregarded as stated in this paragraph, the middle appraisal shall be the License Fee for the Premises during the Renewal Term. The appraisers shall conduct an appraisal of at least five (5) comparable locations to arrive at the estimated fair rental value of the Premises. Said appraisal shall be conducted at the sole cost of Licensee. For purposes of this Section, "comparable locations" shall be those sites determined in the best professional judgment of the appraiser, and the methodology used shall evaluate the highest possible comparable use of the Premises that the market will bear considering zoning regulations in effect at the time of the appraisal and with due regard for Licensee's capital expenditure in developing its Communications Equipment. If the appraisal determines that the then -existing License Fee is different than the appraised value, the License Fee shall be adjusted in accordance with the 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement appraised value, unless the parties agree upon an alternative amount or the Licensee withdraws its request for renewal. (c) All proposed appraisers shall be qualified to do appraisals in the State of California, shall be an MAI appraiser in good standing or other appraiser acceptable to Licensor, and shall have at least ten (10) years experience appraising commercial and industrial properties in Southern California. 6. Improvement, Installation, Early Access. (a) Final plans respecting installation of Communications Equipment and construction of related physical improvements to the Real Property ("Final Plans") shall be prepared at Licensee's sole cost and expense and submitted to the Licensor for its written approval prior to any installation or construction of Communications Equipment on the Real Property. Final Plans shall be in a form and provide such content as may be reasonably required by the Licensor. Final Plans shall, at a minimum, describe the specific location of all Communications Equipment and construction of all related improvements, including any and all utilities such as an emergency or back-up battery, transportable generator power, communications lines proposed to connect the Communications Equipment and the minimum point of entry (MPOE) or other point of presence of the telephone service provider at the Real Property. (b) Following the Effective Date of this Agreement and prior to the Commencement Date, Licensor shall reasonably accommodate Licensee and its authorized agents with respect to entry onto the Premises for the purpose of making inspections and engineering surveys and other tests and analyses to determine the suitability of the Premises for Communications Equipment, and to develop Final Plans; provided, however, that Licensee shall comply with any and all of the notice requirements. or other limitations regarding access set forth in Attachment E hereto and fully incorporated herein, and that such access shall not interfere with any business or operation at the Premises or .the Real Property. Following the Commencement Date and throughout the Term or Renewal Term of this Agreement, Licensor shall provide Licensee with access to the Premises as stated in Section 7(h) below. (c) Licensor shall not unreasonably withhold, delay or condition its approval of Final Plans. Notwithstanding the foregoing, Licensor has discretion, which shall be reasonable, with respect to approval of (i) any proposed improvement or construction not described in Attachments B or C at the time this Agreement is executed by Licensor, and (ii) the specific location of any improvement or facility. (d) Licensee shall not commence any construction at the Premises or install any equipment or facilities until and unless approved in the Final Plans or subsequently authorized in writing by the City Manager of the City of Chino Hills or his or her authorized designee. In the event that Licensee desires to relocate the Communications Equipment, or any part thereof, to a different place on the Premises, separate written approval from Licensor respecting such relocation shall be required. Any such relocation shall be at Licensee's sole cost and expense. (e) Licensee shall, at Licensee's sole cost and expense, perform all work necessary to prepare, add, maintain and alter the Premises for Communications Equipment in accordance with the Final Plans. All construction and installation work shall be performed in a good and workmanlike manner by licensed and bonded contractors, and in accordance with applicable Laws. All such contractors shall maintain insurance in such amounts, against such risks and in such forms as Licensor shall reasonably require, including naming Licensor as an additional insured as set forth in Section 12 herein. Licensee shall be required to separately obtain all necessary Approvals respecting such work by the appropriate governmental entities. 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement (f) Licensee acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty with respect to the condition of the Premises or the Real Property or with respect to the suitability of either for the conduct of Licensee's operations. The commencement of any construction or installation shall conclusively establish that the Premises and Real Property are acceptable to Licensee and are in a satisfactory condition. (g) Licensee must construct a Storage Unit ("Storage Unit") as conceptually described and/or depicted in Attachment C, except that the Storage Unit must be constructed pursuant to current California Building and Electrical Codes as incorporated into the Chino Hills Municipal Code. Licensor and Licensee agree and acknowledge that the Storage Unit described in Attachment C is conceptual only and that the parties will mutually agree on the final design and location of the Storage Unit prior to the commencement of construction thereof. Licensee's obligation to construct the Storage Unit is subject to Licensee obtaining all necessary approvals from the appropriate governmental entities. i. Upon the parties' approval of the final design and location of the Storage Unit, Licensee shall within a commercially reasonable time frame submit any and all applications for all necessary governmental permits and approvals to the appropriate governmental entities ("Building Permits"). ii. Licensee shall comply with all public bidding requirements of the Public Contract Code, the Chino Hills Municipal Code, Chapters 3.18 and 3.20 and the Chino Hills Contract Compliance Manual as if it were the Licensor acting in its capacity as a City. iii. Licensee will construct the Storage Unit within eighteen (18) months after receipt of all necessary Building Permits. All construction and installation work for the Storage Unit shall be performed in a good and workmanlike manner by licensed and bonded contractors, and in accordance with applicable Laws. iv. Licensee shall, and shall require all successors, assigns, occupants, tenants, contractors and subcontractors, to pay prevailing wages for the construction of the Storage Unit; however, nothing in this Agreement shall obligate Licensee, or its successors, assigns, occupants, tenants, contractors and subcontractors, to pay prevailing wages or otherwise comply with prevailing wage requirements with respect to construction of improvements not the Storage Unit unless required by the prevailing wage requirements of Labor Code section 1720 et seq. It is Licensee's responsibility to interpret and implement any prevailing wage requirements and Licensee agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. a. Licensee and all successors, assigns, occupants, tenants, contractors and subcontractors shall comply with all federal and state laws with respect to prevailing wage requirements. Note that the Storage Unit is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the Licensee must find bids for the Storage Unit that fail to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§1725.5 and 1771.4, to be nonresponsive. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from Licensor/City's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. Licensor must post a copy of the 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement prevailing rate of per diem wages at the Storage Unit job site and comply with all applicable requirements of Labor Code § 1775.5 regarding apprentices and 8 Cal.Code.Reg. 16100 for the Storage Unit. b. Licensor must keep accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Storage Unit. The record will be kept open at all reasonable hours to the inspection of the Licensor and to the Division of Labor Law Enforcement. If requested by Licensor, Licensee must provide copies of the records at its cost. c. In the event that Licensee breaches this subsection (g) of this Agreement or fails to pay prevailing wages as required by Labor Code section 1720 et seq., Licensee shall be obligated to defend, indemnify and hold harmless the Licensor, its elected and appointed officials and officers, employees and agents, from and against all damages of whatsoever kind or nature, including without limitation fines and penalties levied by other governmental agencies, legal fees and costs, and damages arising from any civil action to the extent caused by Licensee's breach of this subsection (g) or Licensee's failure to pay prevailing wages or comply with prevailing wage requirements as required by Labor Code section 1720 et seq. V. Upon completion of construction of the Storage Unit, Licensee shall notify Licensor, and Licensor shall have thirty (30) days to inspect and accept the work as complete as evidenced by the approval of the City Engineer, which approval will not be unreasonably withheld, conditioned or delayed. Upon the City Engineer approving completion of construction of the Storage Unit, Licensee must prepare and execute a Notice of Completion as to the Storage Unit, record said notice with the San Bernardino County Recorder's Office and cause its contractors to provide lien and material releases. Licensee shall expressly include a provision in all contracts with any and all contractors that construct the Storage Unit as follows: "The City of Chino Hills is a third party beneficiary to this Agreement." Further, all contracts with subcontractors that construct the Storage Unit must include a provision expressly stating that the City of Chino Hills is a third party beneficiary. vi. Title and ownership of the Storage Unit will be transferred to the Licensor in its "as -is" "with all faults" condition, without the necessity of any further documentation and Licensee shall have no liabilities or obligations with respect to the Storage Unit including without limitation, the maintenance thereof. 7. Operation, Colocation. Regulations. (a) Licensee shall comply with all Laws in designing, locating and operating the Communications Equipment, including but not limited to the Wireless Communication Facilities Ordinance in the Chino Hills Municipal Code, and those laws and regulations that are now or may hereafter be promulgated by the Federal Communications Commission ("FCC"). Licensee shall upon request at its sole cost and expense produce evidence of such compliance. (b) In addition to any tests that may be required by the FCC, Licensee shall, in the event Licensee increases the operating output of the Communications Equipment greater than twenty percent (20%) over the initial operating levels or the levels at the time of the last test, perform reasonable tests at its sole cost and expense to demonstrate that all applicable FCC 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement regulations governing the emission of electro -magnetic frequency radiation from the Communications Equipment are complied with. Licensee shall upon reasonable request perform more frequent testing (or specific additional testing if appropriate) at its sole cost and expense if there is evidence or reasonable concern respecting compliance with such standards. Licensee shall provide Licensor with copies of all such tests. (c) Licensee shall comply with the "Technical Requirements for Third Party Colocation" set forth in Attachment F hereto and fully incorporated herein ("Colocation Rules") with respect to the initial design, location and operation of the Communications Equipment ("Initial Design") at the Premises, and in relocating, maintaining, modifying, reconfiguring or changing the frequency or operation of such equipment after it is initially installed ("Reconfiguration"). If at any time Licensor reasonably believes that Licensee is not in compliance with any provision of the Colocation Rules, Licensee shall upon request produce to Licensor the information that is reasonably requested in order to adequately verify Licensee's compliance. (d) Licensee shall abide by the time limits and other standards of approval for requests by third party communications providers ("Other Carriers") to colocate on the Premises or Real Property as set forth in the Colocation Rules, including but not limited to, the following: a. Responding in writing to a proposed Other Carrier's preliminary plans and technical specifications within fifteen (15) business days, with failure to so respond being deemed an approval of the plans and specifications, as set forth in A. 1. of the Colocation Rules; b. Negotiating in good faith with a proposed Other Carrier with respect to any objections the Licensee may have regarding the Other Carrier's plans and specifications, as set forth in A.2. of the Colocation Rules; and C. Acting in good faith in conditioning any approvals of a proposed Other Carrier's plans and specifications. (e) The Communications Equipment and Licensee's use thereof shall not interfere with (i) any communications equipment, computer equipment or similar equipment of any kind and nature owned or operated by Licensor at the Real Property, or (ii) any communications equipment or use at the Real Property which is, authorized by Licensor and established in accordance with the Colocation Rules by an Other Carrier so long as such communications equipment is operated in compliance with laws. In the event that the Communications Equipment as installed and configured results in material interference with Licensor or any Other Carrier, then Licensee shall immediately terminate such interference. (f) Licensor shall, with respect to any license or other agreement entered into by Licensor with an Other Carrier after the Effective Date of this Agreement that authorizes the installation of communications transmitting equipment on the Real Property, include a provision that (i) prohibits such Other Carrier from interfering with the communications operations of Communications Equipment as it is then configured, and (ii) requires the Other Carrier to comply with all the provisions set forth in the Colocation Rules in designing, locating and operating its transmitting equipment, and in reconfiguring or changing the frequency or operation of such equipment. (g) In the event that any Other Carrier fails to abide by any provision set forth in the Colocation Rules, and if Licensee demonstrates that such failure results in material interference with the operation of Communications Equipment, Licensor will use reasonable efforts to promptly terminate such interference to the extent that Licensor has authority to do so. Licensor 9/5/2017 6:20 PM AT&T Site CLV2912 (Chino Hills Recreation Center) Communications License Agreement shall have the right, but not the obligation, to file a lawsuit on Licensee's behalf in order to terminate such interference. (h) Following the Commencement Date and throughout the Term or applicable Renewal Term of this Agreement, Licensor shall provide access to Licensee, Licensee's employees, agents, contractors and subcontractors to the Premises at all times, twenty-four (24) hours per day, seven (7) days per week, subject to the provisions of Attachment E. Licensor hereby grants to Licensee such rights of ingress and egress over Licensor's Real Property and other applicable easements held by Licensor for the purpose of access from the nearest public right-of-way to the Premises as may be necessary and consistent with the use of the Premises authorized by this Agreement and specifically delineated in the Final Plans. (i) Subject to such reasonable rules that Licensor may in its discretion from time to time establish and provided such rules are provided to Licensee and not inconsistent with the terms and conditions of this Agreement, Licensor shall allow Licensee's employees, agents, contractors and subcontractors to park vehicles in the parking spaces identified for such purpose in Attachment E. Licensor agrees not to discriminate in the enforcement of such rules as against Licensee and Other Carriers; i.e. Licensor shall treat all carriers equally in enforcement of rules.. Such spaces shall be used only to the extent necessary for Licensee's authorized use of the Premises as provided hereunder. 8. Taxes, Utilities and Maintenance. (a) Licensee shall be solely liable for any and all taxes that result from the installation, maintenance or operation of the Communications Equipment. Notice is hereby given to Licensee pursuant to California Revenue and Taxation Code Section 107.6 that use or occupancy of any public property pursuant to the authorization herein set forth may create a possessory interest which may be subject to property taxes levied on such interest. Licensee shall pay and discharge prior to delinquency any and all possessory interest taxes or other taxes levied against Licensee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this Agreement. In the event that any increase in Licensor's real property taxes results from Licensee's installation, maintenance or operation of Communications Equipment (including any improvements to the Premises authorized under this Agreement), then Licensee shall reimburse Licensor the full amount of such increase within thirty (30) days following receipt of a written invoice of the amount owed. Licensor shall provide reasonable evidence of any such tax increase upon request. (b) Licensee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Communications Equipment. Licensee shall upon request install at Licensee's sole expense a separate electric meter, and shall pay for its electricity consumption directly; if a separate meter is not available, Licensee shall pay the cost of electricity as is reasonably apportioned by Licensor. Licensee shall pay for telephone service directly to the telephone utility. To the extent that any utility is provided by Licensor, Licensee shall reimburse Licensor for the full amount of any and all related costs incurred by Licensor which result, directly or indirectly, from the provision of such utility. Licensee shall pay as additional rent the cost of utility service provided to the Premises and attributable to Licensee's use ("Utility Charge"). Licensee shall pay the estimated cost of the Utility Charge monthly in advance, commencing on the date that Licensee first starts using utility service furnished by Licensor. The parties estimate the Utility Charge to be One Hundred Ten Dollars ($110.00) per month. At either party's request (which request shall not be more frequent than once every twelve (12) months), Licensee shall calculate the actual Utility Charge for the immediately preceding twelve (12) months based on the readings from the privately installed sub -meters. If 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement the actual Utility Charge varies from the estimated Utility Charges paid, the parties shall adjust the Utility Charge to reflect Licensee's actual usage. No Utility Charge is due unless and until Licensee uses the utility services provided by Licensor. In no event shall Licensee's use of the Premises or Real Property interfere with existing utilities thereon. (c) Licensee shall maintain the Premises throughout the Term and all Renewal Terms in good condition, ordinary wear and tear excepted. Licensee shall not be required to make any repairs to the Real Property, except as stated in Section 11 below and except for damage to the Real Property caused by Licensee, its employees, agents, contractors, subcontractors, subtenants or invited guests. 9. Default, Termination, Remedies. (a) In the event of Licensee's breach of any monetary obligation required herein, Licensor may demand in writing that the breach be cured within twenty (20) business days of the receipt of notice by the Licensee. The failure to cure such a monetary breach within the stated period shall constitute a material default of this Agreement, and Licensor may elect to terminate this Agreement immediately by providing Licensee written notice of termination. (b) In the event of a breach of any material covenant or term hereof other than a monetary obligation, the non -breaching party may demand in writing that the breach be cured within thirty (30) days of the receipt of notice by the breaching party. The breaching party shall cure the breach within said thirty (30) days unless the cure cannot be reasonably effected within that period of time, in which case the breaching party shall submit a written letter within said thirty (30) days stating an intent to cure said beach. After receipt of said letter of intent by the non -breaching party, the breaching party shall have such additional time as may be necessary to effect a complete cure so long as the breaching party commences the cure and diligently and continuously thereafter pursues the cure to completion. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensee or Licensor. (c) This Agreement may be terminated by Licensee on thirty (30) days' prior written notice to Licensor upon occurrence of any one or more of the following events, in which case the unused portion of the License Fee shall be refunded in accordance with Section 9(g) below. (i) prior to the Commencement Date, for any reason or for no reason at all; (ii) upon a material breach by Licensor, which is not cured in accordance with Section 9(b) above; (iii) after the Commencement Date, in the event that communications transmitting equipment installed on the Real Property by any Other Carrier materially interferes with the communications operations of the Communications Equipment, and Licensee is unable to correct such interference through reasonably feasible means; (iv) at any time upon receipt of written notice that a governmental or non- governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Licensee to install and operate Communications Equipment cannot be obtained or renewed within a required time period through no fault of Licensee; (v) the Premises or the Real Property is damaged or destroyed so as, in Licensee's reasonable judgment, to materially hinder Licensee's existing use of the Premises; or, 9/5/2017 6:20 PM AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement (vi) Licensor withholds consent to a transfer of this Agreement pursuant to Section 17 wherein the transfer involves the sale of all Communications Equipment on the Premises. (d) This Agreement may be terminated by Licensee on thirty (30) days' prior written notice to Licensor, subject to the payment by Licensee of a termination fee in an amount equal to one-quarter (1/4) of the annual License Fee, for any reason and at any time, in which case said termination fee shall be deducted from any unused portion of the annual License Fee and the remainder of the License Fee shall be refunded to Licensee in accordance with Section 9(g) below, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Licensee under any termination provision contained in any other Section of this,Agreement. (e) In addition to the express provisions of Section 9(a) above, a material breach of this Agreement shall include, but not be limited to, the occurrence of any one or more of the following events provided that the failure of Licensor to enforce any breach of this Agreement shall not constitute a waiver of its future right to enforce said breach: (i) the failure by Licensee for any reason to obtain and maintain any necessary government license, permit or approval, or failure to satisfy any condition of such license, permit or approval; (ii) the failure by Licensee for any reason to install, construct, operate or maintain the Communications Equipment in accordance with applicable Laws; (iii) the installation, removal or reconfiguration of any Communications Equipment by Licensee without Licensor's prior written approval; (iv) any assignment or attempted assignment of Licensee's rights or obligations hereunder except as provided in Section 17 below. (v) the vacation or abandonment of the Communications Equipment or the Premises by Licensee (abandonment shall include without limitation the failure to maintain operation of the Communications Equipment for a period of ninety (90) days or longer except due to any event of force majeure); or (vi) the making by Licensee of any general assignment for the benefit of creditors, or the filing by or against Licensee of a petition to have ,Licensee adjudged bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Licensee, the same is dismissed within thirty (30) days), or the appointment of a trustee or reFeiver to take possession of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this Agreement (where possession is not restored within thirty (30) days); or the attachment, execution or other judicial seizure of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this Agreement (where such seizure is not discharged within thirty (30) days). (vii) the failure to timely construct the Storage Unit an comply with the terms as required in Section 6(g) above. 9/5/2017 6:20 PM 10 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement (0 Except as provided otherwise in this Agreement, in the event of a default by either party hereto, the non -defaulting party shall have in addition to its right of termination, the right to any other remedies available at law or in equity. (g) In the event that Licensee elects to terminate this Agreement pursuant to Sections 9(b), 9(c) or 9(d), Licensee shall remove the Communications Equipment and restore the Premises to its condition existing on the Commencement Date (ordinary wear and tear excepted) within ninety (90) days of Licensor's receipt of the notice of termination. In said event, Licensor shall return to Licensee any unused portion of the annual License Fee from the date of effective termination or the date upon which the Premises are fully restored, whichever occurs later, less any termination fee if applicable. (h) In the event that Licensor elects to terminate this Agreement pursuant to Sections 9(a) or 9(b), Licensee shall forfeit any unused portion of the annual License Fee. Upon such termination, Licensee shall remove the Communications Equipment and restore the Premises to its condition existing on the Commencement Date (ordinary wear and tear excepted) within ninety (90) days of Licensee's receipt of the notice of termination. If Licensee fails to restore the Premises within said thirty (30) days, Licensor may recover from Licensee all costs reasonably necessary to remove the Communications Equipment and restore the Premises in accordance with Sections 11 and 15 below. (i) The provisions of this Agreement which by their sense and context are intended to survive termination (including but not limited to the provisions of Sections 9, 11, 12, 13, and 16) shall survive termination. 10. Condemnation and Destruction of Premises. (a) If the whole of the Premises (or any portion thereof which renders the balance of the Premises unsuitable for Licensee's normal operations) are taken by any public or quasi - public authority by condemnation, or sold under threat or in lieu of any such taking, whether separately or as part of the Real Property, this Agreement shall terminate as of the date possession is delivered to the condemning authority. Licensee shall have the right to any award specifically designated as compensation for Licensee's interest under this Agreement, the cost of removal of Communications Equipment or any other amounts recoverable under condemnation law. (b) If the Premises or the Real Property is destroyed or damaged so as in Licensee's judgment to hinder its effective use of the Premises, Licensor shall use reasonable efforts to make available to Licensee promptly, but in no event later than within five (5) days of the damage or destruction, a temporary site on the Real Property (or on other property owned or controlled by Licensor) which in Licensee's reasonable discretion is equally suitable for Licensee's use and subject to reasonable conditions regarding use and appearance. Licensee may construct, operate, and maintain substitute Communications Equipment thereon until the Communications Equipment is fully restored and operational on the Premises or for a period of eighteen (18) months, whichever is sooner. 11. Removal of Communications Equipment. The Communications Equipment and any articles of equipment placed on the Premises by Licensee at its sole expense shall be and remain the personal property of Licensee and may be removed by Licensee at any time during the Term or Renewal Term; and; provided further that Licensee shall repair any damage caused by such removal and shall restore the Premises and Real Property to its condition existing upon the execution of this Agreement less ordinary wear and tear prior to expiration or earlier termination of this Agreement. If Licensee fails to remove all of its effects from the Premises upon termination of this Agreement for any cause whatsoever, Licensor may, at its option upon 9/5/2017 6:20 PM 11 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement written ten (10) days notice, immediately remove the same in any manner that Licensor shall choose and discard, sell or store said effects without liability of any kind for loss thereof, and repair and restore the Premises and Real Property. Any Communications Equipment lawfully removed by Licensor pursuant to this Section shall become the sole property of Licensor. Licensee agrees to pay Licensor within thirty (30) days of receipt of a written invoice from Licensor any and all expenses incurred in connection therewith, including court costs, attorneys' fees, costs of removal, storage costs for the length of time they shall be in Licensor's possession, costs of repairing the Premises and Real Property and costs of sale. 12. Insurance. Without limiting Licensee's obligation or liability under Section 13, during the Term and any Renewal Term, and thereafter until the removals required under Section 11 are complete, and prior to the Commencement Date if Licensee enters the Real Property under Section 5(b), Licensee shall maintain, at its own expense, commercial general liability insurance (including contractual liability), naming Licensor as an additional insured, providing coverage limits of $1,000,000 per occurrence and $1,000,000 annual aggregate, insuring against any covered liability of Licensee and its employees and agents arising out of and in connection with the installation, maintenance, operation and presence of the Communications Equipment on the Premises. Commercial general liability shall be issued with companies reasonably satisfactory to Licensor or having an A.M. Best Company rating of A -or better. Licensee shall provide to Licensor proof of insurance prior to the Commencement Date and at any time upon request. Notwithstanding the forgoing, Licensee may, with prior notice to the City, self -insure any of the required insurance under the same terms as required by this Agreement. In the event Licensee elects to self -insure its obligation under this Agreement to include Licensor as an additional insured the following conditions apply: (i) Licensor shall promptly and no later than thirty (30) days after notice thereof provide Licensee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Licensor shall not settle any such claim, demand, lawsuit or the like without prior written consent of the Licensee; and (iii) Licensor shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like. 13. Indemnification. (a) Licensee shall indemnify, defend, protect and hold harmless Licensor and its officials, agents and employees from and against any and all claim, cause of action, demand, injury, damage, liability, loss, cost or expense, including but not limited to reasonable attorneys' fees (collectively, "Claim") that arises out of or is in any way related to Licensee's use or occupancy of the Premises, including without limitation the installation, construction, maintenance, operation or removal of the Communications Equipment; provided, however, that this indemnity shall not apply to the extent that any Claim results from the negligence or willful misconduct of Licensor, its public officials, agents and/or employees. Licensor agrees to indemnify, defend and hold Licensee harmless from and against any and all Claims arising out of or is in any way related to the actions or failure to act of Licensor, or Licensor's breach of any provision of this Agreement, provided, however, that this indemnity shall not apply to the extent that any Claim results from the negligence or willful misconduct of Licensee, its agents or employees. (b) Licensee shall, promptly upon receipt of written request from Licensor, cause any mechanic's or materialman's liens filed in connection with any work done on the Premises or the 9/5/2017 6:20 PM 12 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement Real Property by or at the request or direction of Licensee to be released by posting an appropriate release bond therefor. 14. Limitation of Liability. (a) Licensor shall not be liable to Licensee, its affiliates, or any of its or their directors, officers, partners, shareholders, agents, employees or contractors for damage to the Communications Equipment or any other property belonging to Licensee from any cause, except for any damage caused by the negligence or willful misconduct of Licensor, its employees, or agents. (b) Licensee waives all claims against Licensor and its employees for damage to persons or Communications Equipment or property arising for any reason other than a claim based on the negligence or willful misconduct of Licensor or its agents or employees. (c) Licensor, its officials, agents, and employees shall have no liability for any interruption of utility service, except to the extent caused by the negligence or willful misconduct of Licensor or its agents or employees. (d) Licensee and Licensor each acknowledge that under no circumstance, including but not limited to condemnation or breach of this Agreement, shall either party be liable to the other for any incidental or consequential damages, including but not limited to any loss of income, business or profits. (e) Licensor shall not be responsible for any damages, losses, or liability of any kind occurring by reason of anything done or permitted to be done by any third party, including without limitation any and all damages, losses, or liability arising from (i) the issuance or approval by Licensor of a permit to any third party, or (ii) any interruption of services provided by Licensee at the Premises due to any third party failure to abide by FCC regulations, Colocation Rules, or any other applicable Laws or agreement with Licensor, or (iii) any action taken by a third party in respect to the Colocation Rules. (f) Licensee acknowledges and agrees that the Other Carriers shall not be deemed Licensor's agent or employee for any purpose. 15. Performance Bond. Prior to the Commencement Date, Licensee shall deposit with Licensor a performance bond in the amount of Ten Thousand Dollars ($10,000) or provide such other security instrument as may be approved by the City Manager in writing. This performance bond or other security shall be used to secure the faithful performance by Licensee of all of the work, construction, installation, payments, removals, terms, covenants and conditions required by Licensee hereunder within the time periods set forth herein. Any performance bond shall be in a form approved by the City Attorney. 16. Hazardous Substances. (a) From the Effective Date of this Agreement throughout the Term and any Renewal Term, Licensee shall not use, store, manufacture or maintain on the Real Property or Premises any Hazardous Substances except (i) in such quantities and types found customary in Communications Equipment operations as is identified on Attachment G hereto and fully incorporated herein, or (ii) petroleum and petroleum products contained within regularly operated motor vehicles. Licensee shall handle, store and dispose of all Hazardous Substances it brings onto the Real Property or Premises in accordance with applicable Laws. Licensor represents and warrants to the best of Licensor's actual knowledge of current employees, (i) that the Real Property, as of Effective Date of this Agreement, is free of 9/5/2017 6:20 PM 13 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement hazardous substances, including asbestos -containing materials and lead paint, and (ii) the Real Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. (b) For purposes of this Agreement, the term "Hazardous Substance" means: (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERLCA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous Materials Response Plans and Inventory); or the Porter -Cologne Water Quality Control Act, Water Code Sections 13000 et seq., all as they, from time to time may be amended, (the above-cited statutes are here collectively referred to as "the Hazardous Substances Laws") or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil; and (iv) asbestos. (c) Notwithstanding any contrary provision of this Agreement, and in addition to the indemnification duties of Licensee set forth in Section 13, Licensee agrees to indemnify, defend with counsel reasonably acceptable to Licensor, protect, and hold harmless the Licensor, its officials, officers, employees, agents, and assigns from and against any and all losses, fines, penalties, claims, damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the Licensor, its officials, officers, employees, agents, or assigns may sustain or incur or which may be imposed upon them in connection with the use of the Real Property or the Premises provided under this Agreement, arising from or attributable to the storage or deposit of Hazardous Substances on or under the Real Property or the Premises. This Section 16 is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify Licensor for any claim pursuant to the Hazardous Substance Laws or the common law. (d) Licensor agrees that Licensor will not, and will not authorize any third party to use, generate, store, or dispose of any Hazardous Substances on, under, about or within the Real Property or the Premises in violation of any law or regulation. Licensor and Licensee 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 this Section 16. This Section 16 shall survive the termination of this Agreement. Upon expiration or earlier termination of this Agreement, Licensee shall surrender and vacate the Real Property and Premises and deliver possession thereof to Licensor on or 9/5/2017 6:20 PM 14 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement before the termination date free of any Hazardous Substances released into the environment at, on or under the Premises which are directly attributable to Licensee. (e) Licensee shall not be responsible to Licensor or any third party for any Hazardous Substances which exist on the Real Property or Premises prior to Effective Date of this Agreement, or any Hazardous Substances which exist on the Real Property or the Premises after Effective Date of this Agreement which are not caused by Licensee. 17 Transfer of License. (a) All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. This Agreement and the rights and obligations of Licensee hereunder shall not be assigned, transferred, or hypothecated (collectively referred to as "transferred"), in whole or in part, by Licensee without the express written consent of the Licensor, which consent shall not be unreasonably withheld, delayed or conditioned. Any attempted transfer in violation of this Section 17 shall be void. Except as provided below, the transfer of the rights and obligations of Licensee to any successor in interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, shall be deemed an assignment requiring Licensor's consent hereunder. Licensee shall provide Licensor at least thirty (30) days advanced written notice of any proposed transfer. (b) If Licensee desires at any time to effect a transfer, it shall first deliver to Licensor (1) a written request for approval, (2)'the name, address and most recent financial statements of the proposed transferee (to the extent publicly available) and (3) the proposed instrument of assignment or sublease, which in the case of assignment shall include a written assumption by the assignee of all obligations of Licensee under the Agreement arising from and after the effective date of assignment. (c) Notwithstanding paragraph 17(a) above, Licensee may, without Licensor's prior approval and in Licensee's sole discretion, from time to time, do any of the following: (1) grant to any person or entity a security interest in some or all of Licensee's Communications Equipment and/or other property used in connection with the Premises; and (2) assign financial and/or operating interest in Licensee: (i) to any entity which has, directly, or indirectly, a thirty percent (30%) or greater interest in Licensee (a "Parent") or in which Licensee or a Parent has a thirty percent (30%) or greater interest (an "Affiliate"); (ii) to any entity with which Licensee and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Licensee or any Affiliate; or (iv) to the holder or transferee of the Federal Communications Commission ("FCC") license under which the Communications Equipment is operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to Licensor a document in which the assignee responsibility for all of Licensee's obligations under the Agreement arising from and after the effective date of assignment. (3) assign this Agreement to Licensee's parent or member company or any affiliate or subsidiary of, or partner in, Licensee or its parent or member company or to any entity which acquires all or substantially all of the Licensee's assets in the market defined by the Federal Communications 9/5/2017 6:20 PM 15 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement Commission in which the Real Property is located by reason of a merger, acquisition, or other business reorganization. 18. Title. Licensor warrants and represents to Licensee that (i) Licensor has full authority to enter into this Agreement and to grant the licenses provided herein; (ii) Licensor has fee title to the Real Property, subject to those matters affecting title shown in Attachment A and, to Licensor's knowledge, there are no undisclosed liens, judgments or impeachments of title on the Real Property that affect this Agreement. 19. Licensor's Non -Interference. Licensor agrees that it will not, without Licensee's prior written consent, cause or knowingly permit any interference with Licensee's use of the Premises as authorized in Section 2 hereof; provided, however, that any colocation required by Licensor or requested by an Other Carrier in compliance with the Colocation Rules, the provisions of this Agreement, and all Laws, and any legal and continuing use, operation or business of the Premises or Real Property existing at the time of the date of this Agreement, shall not be deemed a cause or knowing permission of interference by the Licensor under this Section 19. Notwithstanding anything in this Section 19, however, Licensor's liability is limited as set forth in Section 14 of this Agreement. Moreover, nothing in this Agreement restricts, modifies, or affects in any way the Licensor's rights to enforce its Code, including its Wireless Communications Facilities Ordinance, revoke or suspend any permits or approvals given to the Licensee, or hold any hearings in connection therewith, and such enforcement shall not be deemed an interference with Licensee's use of the Premises. 20. Miscellaneous. (a) If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. (b) The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed a waiver or continuing waiver by that party of any subsequent breach or violation of the same or any other provision of this Agreement. (c) Any notice or demand required herein shall be given personally, by certified mail, postage prepaid, return receipt requested, or by reliable overnight courier to the address of the respective parties set forth in paragraph (h) of this Section. Any notice served by certified mail or by reliable overnight courier shall be deemed delivered on the date of receipt as shown on the certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier. Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party given in the foregoing manner. (d) In the event of any dispute or legal proceeding between the parties arising out of or relating to this Agreement or its breach, the substantially prevailing party shall be entitled to recover from the non -prevailing party all fees, costs and expenses, including but not limited to attorneys' and expert witness fees, incurred in connection with such dispute or legal proceeding, any counterclaims or cross-complaints, any action to confirm, correct or vacate an arbitration award, any appeals and any proceeding to establish and recover such costs and expenses, in such amount as the court or arbitrator determines reasonable. Without limiting the foregoing, any party entering a voluntary dismissal of any legal proceeding without the consent of the opposing party in such proceeding shall be deemed the non -prevailing party. (e) This Agreement shall be governed, construed and interpreted under the laws of the State of California. This Agreement shall be construed as a whole and in accordance with 9/5/2017 6:20 PM 16 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement its fair meaning. This Agreement shall not be interpreted or construed against the party preparing it. (f) This Agreement including all attachments and riders constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements, written or oral, concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement shall be effective only if in writing and executed by both parties. (g) Licensee shall reimburse all costs of Licensor, including attorneys' fees and costs, incurred in the preparation and review of this Agreement, Attachments thereto, and any related approval or document necessary to the execution of this Agreement not -to -exceed Three Thousand Five Hundred Dollars ($3,500.00). Licensor acknowledges that, prior to the execution of this Agreement, Licensee has provided to Licensor with its request a deposit, in the amount of Three Thousand Five Hundred Dollars ($3,500.00), by certified or cashier's check made payable to the City of Chino Hills. The Licensor may draw funds from the deposit as costs are incurred. If the Licensor's actual costs in processing and analyzing the Agreement are less than the amount of the deposit, any remaining funds from the deposit shall be refunded to the Licensee within sixty (60) days after final approval or denial of its agreement. . (h) Any notices which either party may desire to give to the other party under this Agreement must be in writing. and may be given either by (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (ii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To Licensor: City of Chino Hills ATTN: City Clerk 14000 City Center Drive Chino Hills, CA 91709 Tel: (909) 364-2600 Fax: (909) 364-2695 To Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: CLV2812 Cell Site Name: Chino Hills Recreation Center (CA) Fixed Asset No: 13514056 575 Morosgo Drive NE Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept — Network Operations Re: Cell Site #: CLV2812; Cell Site Name: Chino Hills Recreation Center (CA) Fixed Asset #: 13514056 208 S. Akard Street Dallas, Texas 75202-4206 9/5/2017 6:20 PM 17 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. (i) All statements provided in the Recital or Preamble to this Agreement are hereby incorporated as a material part of this Agreement. 0) The person or persons executing this Agreement on behalf of Licensee warrants and represents that he/she has the authority to execute this Agreement on behalf of the Licensee and has the authority to bind Licensee to the performance of its obligations hereunder. (k) The following documents referred to in this Agreement are attached hereto and incorporated herein as if fully set forth and are identified as follows: Attachment "A" — Legal Description of the Real Property Description Attachment "B" — Depiction of the Premises Attachment "C" — Initial Plans Regarding Construction And Improvements Of Communications Equipment and Related Improvements and Storage Unit Depiction and Storage Unit Preliminary Specifications Attachment "D" — Description of Communications Equipment, Including Proposed Frequencies And Configuration Of Operation Attachment "E" — Access Restrictions And Requirements Attachment "F" — Technical Requirements For Third Party Colocation Attachment "G" — Hazardous Materials. IN WITNESS WHEREOF, the parties have executed this Agreement as of %off011 2017. LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company AT&T Mobility Corporation Its: Manager By: ame: C Title: �Cy . f� r P C,a �r Date 9/5/2017 6:20 PM 18 LICENSOR: City of Chino Hills a California general law municipal corporation am Ray—Marquez, M 19, 191h i ATTEST: Cheryl Balz, City Clerk ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On September 6, 2017 before me, Alma Pineda-Notary Public (insert name and title of the officer) personally appeared James Stickney who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.ALMAPINEDA Notary Public - California z Orange County n Commission N 2189811 My Comm, Expires Apr 5, 2021 Signature �6 ��.c- (Seal) AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement APPROVED AS TO FORM:, B: Y Mark D. Hensley, City Attorney 9/5/2017 6:20 PM ATTACHMENT A LEGAL DESCRIPTION OF THE REAL PROPERTY The Real Property of which the Premises are a part is described as follows: 3190 Eucalyptus Avenue Chino Hills, CA APN: 1024-022-22 All that real property located in the State of California,. County of San Bernardino, described as follows: Lot 2 of that certain Certificate of Compliance No. LLA 134, in the City of Chino Hills, County of San Bernardino, State of California, recorded August 3, 2012 as Instrument No. 2012-0311011 of Official Records, Said Lot 2 is also shown on that certain Grant Deed recorded on August 3, 2012 as Instrument No. 2012-0311013, Official Records of said County. Contains 33.174 acres, more or less. Prepared under the rvision of: PRpFESSNr. i w NO. 20616 Mark L. Raab, RCE 29616 Date E 3/3/31/10 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement ATTACHMENT B DEPICTION OF THE PREMISES The Premises consist of those specific areas described/shown below where Licensee's communications antennas, equipment, and cables occupy the Real Property. The Premises as described/shown below, are approximate only, and may be adjusted or changed by Licensee with the approval of the Licensor's City Manager at the time of construction to reasonably accommodate sound engineering criteria and the physical features of the Real Property. The locations shown below of the associated utility connections and access, including easements, ingress, egress, dimensions that are not part of the Premises are also approximate only. (ATTACHED) Notes: 1. This Attachment may incorporate a land survey or Site Plan of the Premises once it is received by Licensee. 2. Setback of the Premises from the Real Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access roads shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number, and mounting positions and locations of antennas and transmission lines are illustrative only. 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Ori—mm z Ox - z a- Z .5 CL WUMMMM VR SL cc I= > M cc 96 =D It IC AL All oil LLJ A Ll Ori—mm z Ox - z a- Z .5 CL WUMMMM VR SL cc I= > M cc 96 =D It IC AL All oil City of Chino Hills Community Park Storage Building Preliminary Specifications This preliminary specification is for budgetary purposes only. The final scope of work may change at the City's sole discretion. In the event of a change to the scope of work, contractors will have the opportunity to re -bid the project. This preliminary specification will be used as a template for the final bid documents (pending budget appropriations). The City will solicit bids from all Class A, B, and C-51 contractors registered on the City's bid list and additional contractors who are identified as pre -qualified. The City makes no guarantees that this project will proceed as written or at all. Scone of Work Contractor shall procure and install one (1), 1,000 square foot prefabricated steel storage building for the Chino Hills Community Park, located at 3280 Eucalyptus Avenue, Chino Hills, CA 91709 per the following: Site Work and Excavation Contractor shall contact Dig Alert and have all utilities marked prior to any excavation. The City will remove all irrigation lines that are in the proposed construction area. Contractor shall clear approximately 1,000 square feet of vegetation from the proposed construction area. Contractor shall excavate all footings and the 24 inch deep underground conduit run. Concrete Work Contractor shall construct the perimeter footings including reinforcing steel. Contractor shall pour the perimeter footings and slab with a minimum of 3,250 PSI concrete. All footing work shall be per the building's engineering design. Additionally, the contractor shall install a 12 foot wide by 35 foot long concrete driveway continuous with the existing driveway. The driveway shall be a minimum of six (6) inches thick with #4 rebar at 18 inches on center, and installed with a minimum of 3,250 PSI concrete. Electrical Contractor shall tie in to the electrical system of the adjacent storage building. Contractor shall install 1-1/2 inch schedule 40 PVC conduit underground to supply the new building. Contractor shall provide one (1), 20 amp lighting circuit, two (2), 20 amp receptacle circuits, and one (1), 20 EXHIBIT "C" amp circuit for the automatic roll -up door. Wall receptacles shall be located no farther than 10 feet apart. Storage Buildine Contractor shall procure and install one (1), 1,000 square foot prefabricated metal storage building. Engineering eerine calculations and construction drawings shall be included. Contractor shall install the building per the manufacturer's and engineer's specifications. The City will provide a no -fee permit for this project; however, it is the Contractor's responsibility to request and pass the required inspections. The suggested building dimensions shall be as follows: The building footprint shall be approximately 40 feet long by 25 feet wide. The building shall have a single gable roof system with a minimum 18 foot tall ridge. Install one (1), 36 inch by 80 inch pedestrian door and, one (1), 10 foot wide by 10 foot tall metal roll -up door with automatic opener. The dimensions of the building and the openings are negotiable based on available building designs. The storage building's exterior walls and roof shall be factory painted in the equivalent color as Dunn Edwards, Woodlawn Green. General Reauirements All work shall be completed per the 2013 California Building Code, and the 2013 California Electrical Code. Contractor shall possess a valid Class A, B, or C-51 Contractor's License. Contractor shall fiirnish all labor and materials necessary to complete this project. Contractor shall keep the site clean and safe at all times. Contractor is responsible for the removal and legal disposal of all dirt and debris generated by this project at the contractor's expense. Contractor is responsible to repair any incidental damage caused to the City's infrastructure. Contractor shall provide with their bid submittal, three (3) references of work that they have completed for a government/public agency. Failure to provide adequate/relevant references may be cause for the City to reject the contractor's bid. Contractor will be required to enter into an agreement with the City for this project; this will include providing and maintaining the required insurances and a contract performance bond. Additionally, the contractor shall pay their employees assigned to this project the current California prevailing wage rates for their respective trade. The Contractor is responsible for verifying all site conditions and all considerations shall be made in preparation of their bid. This specification is intended to be as detailed as possible-, however, bidders shall not take advantage of omissions or oversights in this document. The successful bidder shall supply products or services that meet or exceed the requirements of this document. EXHIBIT "C" UA " t 1 j ; 7� ;tA�"-may 4�t +o3ff ±�7 L I'a�` l➢/ J. ; 1a Y •!df �4 'y� +;r �t� sFt s ir_ j• ,s J` a��h T �,'; i = r � t .�,"r'ti) �� I�� Z �u f@Jp( t'.S,Ejpj, �p ��� �?fS�.,�-s'< ',r ti• -. ta}•- '.) � f/1r T` 1'J, ?r eJ � z ah`i :�. 1 j� � � .r`� J� +� �•�" f "�1._ t-r�t}J fr /j1 YFaLk �s• a.�Jy eta 41. ;� r •It} �'ti'1 �3�(� �:s., �[�.i>•�iE, r`.� s F a- �t) ,-" 2 v�_,� .'.r" \. i33t .,� 4a c�.i'Wy `�i JC � :r �o �r�:`; s ���1 .a ,�. ' . � ;:.{ � � � a I .1 � ��{ y f t •: b� - e fr,; � �;; 5 s yg`o �F � i � {'� � �� �/'/}� r.{ ,. ��1 fv {, `'r1'A r r �Fa..`ir'�: '4 �` r •F.Fs,.v,/•... - ��- �'����j /i�, rte S i ..��: t,��>i•�Y'-ie sj ,ti 'a'� Is�p ��s<r �3� �§,��,y`yd,'°7Sy�`, 3�'�t,�f �` � "� a d� t't4 .. .t � � ���}: Ln�z�y 4+i: � � � �� `n-�t �: rFt'�`d Tq: �?.T�r •�, 1° �'iSc)a"X, i t Nk, { ha. �.� i r ,_ - .t >< •" ry i � :� � r i '' r ',i �; t3 t t r v ra� � � �.,� +�' `S -' S yai t� -"Y.ti. , � �/�cyJ'Z}` ak��'•~�3� � :� �tj: tf It 91r' (.' t }. 111 t• i.'('1 r,� +'• ��'` � �� � } � i�'f�y� � � � i r y� t ,^,�e��,���ii.,f , �w" �a'vr >• w:L'.-L _..� ,•1-°:EF4 dy�> + } ))r 'SS• r F. `t:;! t7 .moi rr a - '` � + f,. � (�tt. # � Yf '! .1'f� Fs � > v+,ti-1 � �� E`' t _ (r / ii a •r� r �� A } t b { r; V iA \.0 1.� r+ [ � yf k - 7 yi/' - 3+{�.ay-. f rj _ e. � �.• [ �.... 'r t � � ' . ts-( �•�12t l sY -[�1�. �.. , '" _ vt t\!'� a ..\W � ,(�a.�/`l '`( °• a' . { • e , s iF 1 r r l I ", %r r 1, >♦ i let _ 1 q S iYr J1�F 1*iAl '/aF`Jli;2 ;y11t�'�"�lYLt`lei♦s=ki.4I" ,,. lk r WO }•t'r t�� ��� � ••fry �� r�1f '�ys r �q,. � ��51.•ti `.•.iJ 1f l:Y�' /��r �1 ,sP�J-J la�$r!�` z. J'``� r -•'i`r'e r t _�d;•r-� �1t;.• • -,;•i )_ _� �', t �\.% i`2';tF- 'rje j?r �'-.te. _ `"P4e_� �. � e a ��... '� ! L��iji C'•� S-L� .\ L , r ;� •� :esu ,� 71 ®... � 4>.•}�� it fi, �,.�'` Ja�;, �� ,Y�� 3 .: }w ` ®✓ t "' • 3 ' Yc� `5'r � tet' ® fr r, y � t a t � `c� '• ` ,yv r •d , p � � .4. Ik; � 'k J' � f A i \. si Ir � r.fia; � ; �`, '� Vy 0. ti�''(•d t f- ,� t• lg 4 A It,. , 'y - 4 `�'. � t i � '71- :' -� a �� � - •O t t1 J. 't �y�jS iey tr--rj€ r 'i f. r� ' 2 iS � 4 Jr` � t � Z Z• i I ", %r r 1, >♦ i let _ 1 q S iYr J1�F 1*iAl '/aF`Jli;2 ;y11t�'�"�lYLt`lei♦s=ki.4I" ,,. lk r WO }•t'r t�� ��� � ••fry �� r�1f '�ys r �q,. � ��51.•ti `.•.iJ 1f l:Y�' /��r �1 ,sP�J-J la�$r!�` z. J'``� r -•'i`r'e r t _�d;•r-� �1t;.• • -,;•i )_ _� �', t �\.% i`2';tF- 'rje j?r �'-.te. _ `"P4e_� �. � e a ��... '� ! L��iji C'•� S-L� .\ L , r ;� •� :esu ,� 71 ®... � 4>.•}�� it fi, �,.�'` Ja�;, �� ,Y�� 3 .: }w ` ®✓ t "' • 3 ' Yc� `5'r � tet' ® fr r, y � t a t � `c� '• ` ,yv r •d , p � � .4. Ik; � 'k J' � f A i \. si Ir � r.fia; � ; �`, '� Vy 0. ti�''(•d t f- ,� t• lg 4 A It,. , 'y - 4 `�'. � t i � '71- :' -� a �� � - •O t t1 J. 't AT&T Site CLV2912 (Chino Hills Recreation Center) Commwications License Agreement ATTACHMENT D COMMUNICATIONS EQUIPMENT AND OPERATIONAL CONFIGURATION (ATTACHED) 9/5/2017 6:20 PM D-1 INN Z W Q Q n yy yy y MN s X Z Y � 0CL 4 45 u k 2 � 3 -I {i " _. (: as / , �l. IWO v cogX XF X` ste W inw H �p� H O 4 N I g 4 Jill s r =117.r�'�', 7;. a-t •'fib. �•'..a,.•k! f' Y , is �j. '.��.. F? • O� (� ��{� 7�0� W °& -Lu • CCI DATA SHEET MultiPort Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Overview Applications • Eight High Broadband ports simultaneously covering PCS, AWS and WCS bands • Eight High Broadband ports with four Low Band ports in one antenna • Excellent elevation side -lobe performance • Excellent MIMO performance due to array spacing • Supports up to 8x8 MIMO in high band • Excellent PIM Performance • A multi -network solution in one radome' Reduces tower loading • Frees up space for tower mounted Remote Radio Heads • All Band design simplifies radio assignments • Single radome with twelve ports • Sharp elevation beam eases network planning The CCI 12 -port Multi -Band Antenna Array is an industry first 12 -port antenna with eight high band ports that simultaneously cover the full PCS, AWS and WCS bands. In addition to the eight high band ports, the antenna includes two 700 MHz ports and two 850 MHz ports. The 12 -port antenna is ready for 8x8 MIMO or dual 44 MIMO in high band. Modern networks demand high performance, consequently CCI has incorporated several new and innovative design techniques to provide an antenna with excellent side -lobe performance, sharp elevation beams, and high front to back ratio. Multiple networks can now be connected to a single antenna, reducing tower loading and leasing expense, while decreasing deployment time and installation cost. Full band capability for 700 MHz, Cellular 850 MHz, PCS 1900 MHz, AWS 1695/2180 MHz and WCS 2300 MHz coverage in a single enclosure. CCI antennas are designed and produced to ISO 9001:2008 certification standards for reliability and quality in our state-of-the-art manufacturing facilities. • 8x8 MIMO or Dual 4x4 MIMO on High Band • 2x2 MIMO on 700 @ 850 Low Bands • Adding additional capacity without adding additional antennas www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 0 2017 CCI Alt rights reserved Specifications are subject to change Revision 1.1 DS-TPA65RLC000UH8-V1.1-180211 1 CCI enes SPECIFICATIONS Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Electrical Ports 2 Low BandPorts for 2 Low Band Ports for 698-798 MHz 824-896 MHz 6 High Band Ports for 1695-2360 MHz Frequency Range 698-798 MHz 824-896 MHz 1850-1990 MHz 1695-1780 / 2110-2180 MHz 2305-2360 MHz Gain 15.1 dBi 15.6 dBi 15.9 dBi 15.4 dBi 16.4 dBi 16.6 dBi Azimuth Beamwidth (-3dB) 66° 67° 68° 69° 62° 59° Elevation Beamwidth (-3dB) SIX 7.9° 6.9° 8.1° 6.4° 6.1 Electrical Downtilt 2° to 10° 2° to 10° 0° to 10° 0° to 10 0° to 10° 0° to 10° Elevation Sidelobes (1st Upper) < -16 dB < -17 d6 < -17 dB < -18 dB < -17 dB < -17 dB Front -to -Back Ratio (x180° > 30 dB > 30 dB > 30 dB > 30 d6 > 30 dB > 30 dB Front -to -Back Ratio over ± 20° > 30 dB > 30 dB > 27 dB > 27 dB > 27 dB > 27 dB Cross -Polar Discrimination (at Peak) > 22 dB > 25 dB > 24 dB > 26 d6 > 22 dB > 26 dB Cross -Polar Discrimination (at ± 601 > 18 dB > 19 dB > 17 dB > 17 dB > 17 dB > 16 dB Cross -Polar Port -to -Port Isolation > 25 dB >25 dB > 25 d6 > 25 dB > 25 dB > 25 dB Voltage Standing Wave Ratio(VSWR) < 1.5:1 < 1.5:1 < 1.5:1 < 1.51 < 1.5:1 < 1.5:1 Passive Intermodulation (2X20W) 5 -150 dBc < -150 dBc <- -150 dBc 5 -150 dBc <— -150 dBc :5 -150 dBc Input Power Continuous Wave (CW) 500 watts 500 watts 300 watts 300 watts 300 watts 300 watts Polarization Dual Pot 45° Dual Pot 45° Dual Poi 45° Dual Pot 45° Dual Pot 45° Dual Pol 45° Input Impedance 50 ohms 50 ohms 50 ohms 50 ohms 50 ohms 50 ohms Lightning Protection DC Ground DC Ground DC Ground DC Ground DC Ground DC Ground Mechanical Dimensions (LXWXD) 96.0x14.4x8.6 in (2437x366x218 mm) Survival Wind Speed > 150 mph (> 241 kph) Front Wind Load 340 lbs (1514 N) (a 100 mph (161 kph) Side Wind Load 225 lbs (1001 N) (a 100 mph (161 kph) Equivalent Flat Plate Area 13.3 ft2 (1.2 m2) Weight *75 ibs (34.0 kg) RET System Weight 6.6 tbs (3.0 kg) Connector 12 x 4.3-10 Female Mounting Pole 2 to 5 in (5 to 12 cm) • Weight excludes mounting and RET www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F 0 R M A N C E 02/11/2016 ® 2017 CCI At rights reservedspecifications aro subject to change. Revision 1.1 2 DS-TPA65RLC000UH8-V1.1-160211 encs ccl 10 SPECIFICATIONS Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Bottom View Connector Spacing IE ID Q www.cciprodUCtS.COM E X T E IN D I N G W I R E L E S S P E R F 0 R M A N C E 02/11/2016 C, 2017 M AR rights reserved Specifications are subject to change Revision 1.1 3 DS-TPA65RLC000UH8-V7.1-160211 MRttt) l 4, 1 Z, -,'Z Z9, Zv- Imo: Z Owtai'iii ih IE ID Q www.cciprodUCtS.COM E X T E IN D I N G W I R E L E S S P E R F 0 R M A N C E 02/11/2016 C, 2017 M AR rights reserved Specifications are subject to change Revision 1.1 3 DS-TPA65RLC000UH8-V7.1-160211 CCI s SPECIFICATIONS Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Mechanical Element and RET configuration As viewed from back of antenna High band array, Top Left, ports 5(+), 6(-) (1695-2360 MHz). High band array, Bottom Left, ports 7(+), 8(-) (1695-2360 MHz). Bottom of Antenna Low band array, ports 1(+), 2(-) (698-787 MHz), ports 3(+), 4(-) (824-894 MHz). Ports 1(+) and 3(+) are dipiexed & ports 2(-) and 4(-) are diplexed, Diplexing in this case, is done between antenna elements and phase shifters so that independent tilt is enabled for the 700 and 800 bands. High band array, Top Right, ports 9(+),10(-) (1695-2360 MHz). CONNECT RET ACTUATORS AS SHOWN BELOW 698-787 MHz i0" '— P___ Shifter Diplexing — _ + Shifter �>n 824-894 MHz High band array, Bottom Right, ports 11(+), 12(-) (1695-2360 MHz). www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E �� i 02/11/2016 0 2017 CCI ALL rights reserved. Specifications are subject to change Revision 1.1 4 DS-TPA65RLC000UH641.1-160211 • CCI MultiPort SPECIFICATIONS Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Typical Antenna Patterns For detailed information on additional antenna patterns, contact customer support at support@cciproducts.com Azimuth — Elevation 5° 737 MHz Azimuth with Elevation 6° 3SU U 1U nan nan ,14n 7n iU ?t; sn vn a2;> e:1 40 IU ag i10 40 31ri Sq 3c� SU 1 scr., un 70 `t51i ,nJ 2 � tiE7 a r� 20 10 r0 vu 20 i0 4 IOU 2Fu ', znn` 10U su t4 2lry 'i in 7nx7 210.'160 5_ln ._'00-.-1110Inn llift )iJO.... 1.0 7UU Iflri 170 2190 t0 19U ll30 17n 737 MHz Azimuth with Elevation 6° 1920 MHz Azimuth S°iG r. Iq t4 nan nan 7n iU sn vn a2;> 40 IU ag i10 Sq 3c� 1 un 70 `t51i tiE7 20 10 r0 IOU 2' c' znn` +aa; su t4 2lry 'i in 210.'160 ._'00-.-1110Inn llift )iJO.... 1.0 1920 MHz Azimuth 862 MHz Azimuth with Elevation 6° l.n .J5U n 10 74 :!2-D an 70 Rn 2!- 9U 2t+0 IOU -tidi 2211 E,[ IA lea 1r,rl ,Tn 1920 MHz Elevation 5° www.cciprodUClLS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 ® 2017 CCI Alt rights reservedspecifications are subject to change. Revision 1.1 5 DS-TPA65RLC000UH641.1-160211 447rJ n t4 nan iU a2;> ag i10 Sq 3c� un 20 10 IOU 2' c' +aa; 2lry 'i in 210.'160 )iJO.... 7UU Iflri 170 862 MHz Azimuth with Elevation 6° l.n .J5U n 10 74 :!2-D an 70 Rn 2!- 9U 2t+0 IOU -tidi 2211 E,[ IA lea 1r,rl ,Tn 1920 MHz Elevation 5° www.cciprodUClLS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 ® 2017 CCI Alt rights reservedspecifications are subject to change. Revision 1.1 5 DS-TPA65RLC000UH641.1-160211 CCI ORDERING Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 Parts & Accessories TPA-65R-LCUUUU-H8 8 foot (2.4 m) Twelve Port antenna with 65° azimuth beamwidth and 4 factory installed BSA-RET200 RET actuators TPA-65R-LCUUUU-H8-K Antenna kit with 4 factory installed RET actuators and MBK -01 mounting bracket MBK -01 Mounting bracket kit (top and bottom) with 0° to 10° mechanical tilt adjustment BSA-RET200 Remote electrical tilt actuator OPA-CBK-AG-RRU OctoPort antenna to RRU AISG cable kit OPA-CBK-RA-AG-RRU OctoPort antenna to RRU AISG right angle cable kit www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 ® 2017 CCI Alt rights reserved Specifications are subject to change. Revision 1.1 6 DS-TPA65RLC000UH8-V1.1-160211 CC1 ` i reps ACCESSORIES Mounting Bracket Kit MBK -01 Mechanical Weight 12.6 lbs (5.7 kg) Hinge Pitch 47.25 in (1200 mm) Mounting Pole Dimension 2 to 5 in (5 to 12 cm) Fastener Size M12 Installation Torque 40 ft -lb (54 Nm) Mechanical Tilt Adjustment 0° - 10, MBK -01 Top Adjustable Bracket MBK -01 Bottom Fixed Bracket MBK -01 Top Adjustable Bracket Side View WWW.CCIPPOdUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 0 2017 CCI All rights reserved Specifications are subject to change Revision 1.1 7 DS-TPA65RLC000UH6-V1.1-160211 0 gimmony CCI a.:-enes ACCESSORIES Remote Electrical Tilt Actuator (RET) BSA-RET200 General Specifications Part Number BSA-RET200 Protocols AISG 2.0 RETType Type 1 Adjustment Cycles >10,000 cycles Tilt Accuracy ±0.1' Temperature Range -40° C to 70° C Electrical Data Interface Signal DC Input Voltage 10-30 Vdc Current Consumption Tilt 120 mA at Vin=24 Current Consumption Idle 55 mA at VIn=24 Hardware Interface AISG-RS 485 A/B Input Connector Male 1 x 8 pin Daisy Chain Output Connector Female 1 x 8 pin Daisy Chain Mechanical Dimensions (LxWxD) 8.0x5.0x2.0 in. (213x135x51 mm) Housing ASA/ABS/Aluminum Weight 1.7 lbs (0.75 kg) ASA= Acrylic Styrene Acrylonitrile ABS=Acrylanitrile Butadiene Styrene www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 ® 2017 CCI All rights reserved Specifications are wbject to change Revision 1.1 8 DS-TPP65RLC000UH8-V 1.1-150211 CCI ies AISG Cable Kit OPA-CBK-AG-RRU ACCESSORIES Electrical Specifications Individual Cable Part Number AISGC-M-F-18 AISGC-M-F-LOFT Cable style UL2464 UL2464 Protocol AISG 1.1 and AISG 2.0 AISG 1.1 and AISG 2,0 Maximum voltage 300 V 300 V Rated current 5 A at 104° F (40° C) 5 A at 104° F (40° C) Mechanical Specifications Individual Cable Part Number AISGC-M-F-18 AISGC-M-F-LOFT Cables per kit 3 2 Connectors 2 x 8 pin IEC 60130-9 2 x 8 pin IEC 60130-9 Straight male/straight female Straight male/straight female Tightening torque Hand tighten only = 1.84 ft -lbs (2.5 Nm) Hand tighten only 1.84 ft -lbs (2.5 Nm) Construction Shielded (Tinned Copper Braid) Shielded (Tinned Copper Braid) Braid coverage 85% 85% Jacket Material Matte Polyurethane (Black) Matte Polyurethane (Black) Conductors 1 twisted pair - 24 AWG 1 twisted pair - 24 AWG 3 conductors - 19 AWG 3 conductors - 19 AWG AWM style 2464 AWM style 2464 Cable Diameter 0.307 in (7.8 mm) 0.307 in (7.8 mm) Length 18 - 20 in (457 - 508 mm) 120 in (3048 mm) Weight 0.27 lbs (0.12 kg) 0.69 lbs (.31 kg) Minimum bend radius 3.9 in (100 mm) 3.9 in (100 mm) Male Connector M602.4Pin M606tarAwd Female Connector Assoments 1 •12V DCnaiinal i 2 Na—&= 2 S 4 3 AS485 B 4 S. 1 1 4 RS 4850,00d t 7 5 RS485 A 7 6 10-30VDC 7DC Realm na DC nd ra 8 No cond.2x AISG-Male to AISG-Female Jumper Cable Environmental Specifications Individual Cable Part Number AISGC-M-F-18 AISGC-M-F-LOFT Temperature Range -40° to 80° C -40° to 80° C Flammability UL 1581 VW -1 UL 1581 VW -1 Ingress Protection IEC 60529:2001, IP67 IEC 60529:2001, IP67 www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 23 2017 CCI All rights reserved Specifications are subject to change Revision 1.1 9 DS-TPA65RL0000UN6-V1.1-160211 CCI rig ACCESSORIES AISG Cable Kit OPA-CBK-RA-AG-RRU Electrical Specifications Individual Cable Part Number AISGC-MRA-FRA-20 AISGC-M-FRA-LOFT Cable style UL2464 UL2464 Protocol AISG 1.1 and AISG 2.0 AISG 1.1 and AISG 2.0 Maximum voltage 300 V 300 V Rated current 5 A at 104° F (40° C) 5 A at 104° F (40° C) Mechanical Specifications Individual Cable Part Number AISGC-MRA-FRA-20 _ AISGC-M-FRA-LOFT Cables per kit 3. 2 Connectors 2 x 8 pin IEC 60130-9 2 x 8 pin IEC 60130-9 Right angle male/right angle female Straight male/right angle female Tightening torque Hand tighten only = 1.84 ft -lbs (2.5 Nm) Hand tighten only = 1.84 ft -lbs (2.5 Nm) Construction Shielded_ (Tinned Copper Braid) Shielded (Tinned Copper Braid) Braid coverage 85% 85% Jacket Material Matte Polyurethane (Black) Matte Polyurethane (Black) Conductors 1 twisted pair - 24 AWG 1 twisted pair - 24 AWG 3 conductors - 19 AWG 3 conductors - 19 AWG AWM style 2464 AWM style 2464 Cable Diameter 0.307 in (7.8 mm) 0.307 in (7.8 mm) Length 20 in (508 mm) 120 in (3048 mm) Weight 0.23 lbs (0.10 kg) 0.77 lbs (0.35 kg) Minimum bend radius 3.9 in (100 mm) 3.9 in (100 mm) r W G E � 2.28 in 58 mm Female Connector N6o29Pin )USG Standard Male Connector As�g..nrts 1 •12 V DC nw" - M16x0.75 2 Nocondua 2 0.77 In 4 S a RS485 B S 4 4 R94866rouM (19.5 mm) 1 3 5 R5485A 1 6 10-30voc 8 No MROM nd DC POW ground) Right Angle to Right Angle and Right Angle to Straight Jumper Cable www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 02017 CCI AU rights reserved SpociAcationsare subject tochange Revision 1.1 10 DS-TPA65RLC000U146-V1.1.160211 0 m CCI nes ACCESSORIES AISG Cable Kit OPA-CBK-RA-AG-RRU Environmental Specifications Individual Cable Part Number AISGC-MRA-FRA-20 AISGC-M-FRA-LOFT Temperature Range -40° to 80° C -40° to 80° C Flammability UL 1581 VW-1 UL 1581 VW-1 . Ingress Protection IEC 60529:2001,IP67 IEC 60529:2001,IP67 www.cciprodUCtS.COM E X T E N D I N G W I R E L E S S P E R F O R M A N C E 02/11/2016 ® 2017 CCI AU rights reserved Specifications are subject to change. Revision 1.1 11 DS-TPPB5RLC000UH8-V1.1-180211 0 * ., CCI_)ies STANDARDS 6 Twelve Port Multi -Band Antenna TPA-65R-LCUUUU-H8 CERTIFICATIONS Standards & Compliance 02/11/2016 Safety EN 60950-1, UL 60950-1 Emission EN 55022 Immunity EN 55024 Environmental IEC 60068-2-1, IEC 60068-2-2, IEC 60068-2-5, IEC 60068-2-6, IEC -60068-2-11, IEC 60068-2-14, IEC 60068-2-18, IEC 60068-2-27, IEC 60068-2-29, IEC 60068-02-30, IEC 60068-2-52, IEC 60068-2-64, GR -63 -CORE 4.3.1, EN 60529, IP 24 Certifications Antenna Interface Standards Group (AISG), Federal Communication Commission (FCC) Part 15 Class B, CE, CSA US, ISO 9001:2008 RoKS COMPNT AISG ISq 9001:20tl8 Owlny M�M9emeM 8yMemf SpMm� tle QWIiY +mV.w.p�.wm Am„ru.Mwbrs F.rx1N„Cr�+�t� A 4lO.AL INITI ATNF CCICommunication Components Inc. EXTENDING WIRELESS PERFORMANCE 89 Leuning Street I South Hackensack NJ 07606 1201-342-3338 I www.cciproducts.com ® 2017 CCI All rights reserved Specifications are subject to change Revision 1.1 DS-TPA.65RLC000UH&V 1.1-160211 12 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement ATTACHMENT E ACCESS RESTRICTIONS AND REQUIREMENTS Licensee shall provide Licensor reasonable, advance notice of its intent to enter the Premises, in the manner provided below: A. Licensee, including any of its personnel or contractors, shall be accompanied by City personnel at all times upon the Premises. B. Access for regular inspection, maintenance, or repair shall occur between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except holidays upon which City Hall is closed (hereafter "regular business hours"). C. To access the Premises, Licensee must contact Licensor, who will assign a City employee to provide access and escort onto the Premises for Licensee's employees or contractors. The City Manager will provide to Licensee both primary (909-364-2800) and alternate City telephone contact numbers. The City Manager may also provide additional telephone numbers for obtaining an escort outside regular business hours or in the event of an emergency. Licensor will provide an escort to accompany Licensee within the following time periods: In the event of regular inspection, maintenance, or repair of Communications Equipment, an escort will be scheduled to access the Premises within twenty-four (24) hours of the request; 2. In the event of a specific repair or malfunction that reasonably requires immediate service; an escort will be scheduled to access the Premises within four (4) hours of the request. 3. In the event of a city-wide emergency or force majeure, an escort will be scheduled to meet a representative of Licensee at the Premises for access within thirty (30) minutes of the request. D. Licensee will pay Licensor for all time spent by Licensor's employees to escort Licensee's employees on the site, including travel to the site and any wait time, at Licensor's current Chino Hills Employee Blended Rate ("Rate"). Such rates shall be identified in the Chino Hills "Public Works Department Invoices and Overhead Rates" schedule or other relevant public document which shall be available to Licensee at any time upon request. 9/5/2017 6:20 PM E-1 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement ATTACHMENT F TECHNICAL REQUIREMENTS FOR THIRD PARTY COLOCATION These requirements pertain to initial installation of Communications Equipment on the Premises ("Initial Installation"), and at all times thereafter in the event that Licensee desires to reconfigure or change the frequency or operation of the Communications Equipment ("Reconfiguration"). A. The Initial Installation and any Reconfiguration must be approved by each of the authorized third parties whose communication equipment is located on the Real Property ("Carriers"). The Carriers in existence on the date of execution of the Agreement are provided at the end of this Attachment. Such requests and approvals shall be submitted and considered according to the following procedures: 1. Licensee shall submit to the Carriers preliminary plans and technical specifications for the proposed facility or the Reconfiguration. The Carriers shall have fifteen (15) business days to respond to Licensee in writing with the Carriers' approval or disapproval of Licensee's plans and specifications. Any disapproval shall be accompanied by a detailed explanation of the basis for the disapproval. Failure to respond in writing to the plans and specifications shall be deemed approval. 2. If Licensee's plans and specifications are not approved by one or more Carriers, then Licensee shall revise its plans and specifications to meet the objections thereto set forth in the Carriers' written disapproval. No construction, installation, testing or operation of the Initial Installation or Reconfiguration, as appropriate, shall be permitted unless and until each of the Carriers approve Licensee's plans and specifications. If Licensee disputes the basis or validity of an objection, then it shall resolve its dispute directly with the objecting Carrier(s), unless the dispute concerns Licensor's conduct. 3. If Licensee's plans and specifications are approved by the Carriers, Licensee shall notify each of the Carriers in writing as to the scheduled date and time of commencement of construction and installation of Licensee's transmitting/receiving equipment, or the implementation of the Reconfiguration, as the case may be, not less than five business days prior to such date. 4. Licensee also shall notify each of the Carriers in writing five (5) business days prior to Licensee's pre-operation transmit test as to the date and time such test will commence. The pre-operation transmit test shall be conducted jointly by Licensee and any Carrier who desires to participate, and shall measure: (a) The signal transmit levels at the output after the final filter stage on Licensee's transmit line with all transmitters keyed up at maximum power; (b) Antenna isolation between the output of the final filter stage on Licensee's transmit line and input line to the Carriers' first receive filter in the base station in the Carriers' frequency band of operation; (c) The combination of (i) worst case level measured out of Licensee's transmit line added to (ii) worst case antenna isolation. Such value shall be no greater than —114 dBm in Licensee's Federal Communications Commission receive and transmit bands of operation. If any Carrier determines that it is experiencing interference, that Carrier shall notify Licensee to immediately cease the pre-operation or pre -Reconfiguration 9/5/2017 6:20 PM F-1 AT&T Site CLV2812 (Chino Hills Recreation Center) Communications License Agreement transmit test and Licensee shall immediately cease such test. Thereafter, each Carrier shall each have two business days to submit its written approval, disapproval or conditional approval of the Initial Installation or Reconfiguration. Failure to submit a disapproval or conditional approval within two (2) business days shall be deemed an approval B. It shall be Licensee's responsibility to ensure that proper filtering and isolation are in place for the pre-operation or pre -reconfiguration transmit test and operation of Licensee's antenna system, Any change to Licensee's approved antenna type and location and/or change in transmitter types and power output shall be required to follow each of the steps set forth in Paragraph A of this Attachment F. C. One or more Carriers may condition their approval of Licensee's plans and specifications and/or equipment installations on Licensee paying to such Carrier(s) an equitable share of the costs that such Carrier incurs to design, permit, construct, install, maintain and replace any Common Facilities. For this purpose, "Common Facilities" means any equipment, facilities, structures and improvements that such Carrier installs at the Premises or the Real Property and that the collocating Licensee will use or benefit from, such as but not limited to screening, conduits, cable, utilities and similar facilities. D. Notwithstanding approval by the Carriers in accordance with Paragraph A, the Initial Installation or Reconfiguration must be submitted to Licensor for its approval. A copy of all of the submissions and objections set forth in Paragraph A shall be provided by Licensee to Licensor for this purpose at the same time it is received or provided by Licensee. Licensor shall not unreasonably withhold, condition or delay its approval. r E. Licensee shall at all times during the Term and any Renewal Term of the Agreement reasonably cooperate with Licensor and the Carriers in regards to addressing problems that may arise respecting existing or proposed collocated facilities at the Real Property. F. Any notice, objection, submission or other communication to the Carriers shall be copied to the Licensor at the address and in the manner provided for notices in Section 20 of the Agreement, and to each of the Carriers in the same manner at the address provided below or otherwise in writing by that Carrier. Licensor or the Carrier may from time to time designate, in the foregoing manner, any other address for this purpose. G. Licensee agrees that Licensor shall not be liable to Licensee for any approval, failure to approve or other response of a Carrier in regards to Licensee's request for Initial Installation or Reconfiguration, and that Licensor shall not be required to adjudicate any dispute between Licensee and any Carrier. H. Licensee understands that its violation of these rules, or its continuing interference with the communications operations of one or more Carriers may cause the affected parties irreparable harm. Licensee agrees that the Carrier(s) shall be entitled to file an action to enjoin such interference or seek other appropriate remedies. I. Licensee shall provide notice to the Carriers identified below of its agreement to these requirements. J. Licensor agrees that, for the benefit of Licensee, it will impose the same technical requirements collocated Other Carriers authorized to use the Premises and that it will require the same coordination procedures of the Other Carriers in any reconfiguration or change of frequency or operation carried out by such Other Carriers in the future. 9/5/2017 6:20 PM F-2 go � W ml � � b pg � � M pp x a aS 6E Q��= on W � ppEE ZNOK _ Y �U r€68s 6� F �' sgm s" m m U $ $ 5 p 5 w m z s � � g E 6 g r in B � uj s m �s s 5 S 2� g r G N m Z � el N � Z O, Z �AFQ� aOQUY {"f LL W WH LL�Om QZF-WZZQ d. 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