Verizon/Cell Tower Fire Station Madison 10Spanish Bay
CJZ/07.09
Upon Recording, Return to:
McGuireWoods LLP
1800 Century Park East, 8`h Floor
Los Angeles, CA 90067
Attn: Reena Yuba
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
MEMORANDUM OF LAND LEASE AGREEMENT
This e Oralt�utjof LAND LEASE AGREEMENT is made this 8 N` day of
Ulu e een the City of La Quinta, a municipal corporation, with a mailing
address 4 78-495 Calle Tampico, La Quinta, CA 92253, hereinafter referred to as "LESSOR", and
Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at
One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920, hereinafter referred to
as "LESSEE". LESSOR and LESSEE are at times collectively referred to hereinafter as the
"Parties" or individually as the "Party".
/0
1. LESSOR ancyLESSEE entered into a Land Lease Agreement (the "Agreement") on
IL&I QQ, , 200 for an initial term of five (5) years, commencing on the Commencement
Date. The Land Lease Agreement shall automatically be extended for three (3) additional
five (5) year terms unless the LESSEE terminates it at the end of the then current term by
giving the LESSOR written notice of the intent to terminate at least ninety (90) days prior
to the end of the then current term.
2. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety
of LESSOR's property is referred to hereinafter as the "Property"), located at 5400A1'�
Madison Street, San Jacinto, California 92253, and being described as a parcel containing
approximately seven hundred forty (740) square foot and a second parcel containing
approximately one hundred (100) square feet, together with the non-exclusive right for
ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor
vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, or along a twelve (12) foot wide right-of-way
extending from the nearest public right-of-way, Madison Street, to the demised premises.
The demised premises and right-of-way are hereinafter collectively referred to as the
"Premises". The Property is legally described in Exhibit "A" attached hereto and made a
part hereof. In the event any public utility is unable to use the aforementioned right-of-way,
LESSOR has agreed to grant an additional right-of-way either to the LESSEE or to the
public utility at no cost to the LESSEE.
Spanish Bay
CJZ/07.09
3. The Commencement Date of the Agreement, of which this is a Memorandum, is as
described in the Agreement.
4. The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors, administrators, heirs, successors and assigns of LESSOR and
LESSEE.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE
have caused this Memorandum to be duly executed on the date first written hereinabove.
LESSOR:
City La Quinta
By: EAL)
Name. ddSE
Title: 46 IWAtj
v
LESSEE:
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless
By: AirToucli&a�r, its General Partner
Name: Walter L. Jbm6s, Jr.
Title: Area Vice Plesidenk Network
S1 I zl10
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On ► Zk before me, : 7"P-A_ T 12,;I as Notary Public
personally appeared Walter L. Jones, Jr.
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
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.
Si of Notary Public Il
SANDRA J. ROJAS
Comµ.$ 1681961
NOW Puxu-CUIFONau
OPANOE "7
�(S���w W Comm. E11P. CoJolt 7' 2010 -
Place Notary Seal Above
State of California )
ss.
County of Riverside )
On before me, Phyllis Manley, Notary Public, personally appeared
Thomas P. Genovese who proved to me on the basis of satisfactory evidence, to
be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
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. (Seal)
PHYLLIS MANLEY
Commission a 1697M
Nomay Public • CaNlamla
RNsolde county
MyCamm. B"N Oc116, 201
Spanish Bay
CJZ/07.09
EXHIBIT A
Legal Description of the Property
THAT PORTION OF THE NORTHEAST ONE -QUARTER OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OFCALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHEAST QUARTER OF SECTION 16 AS SHOWN ON A RECORD OF SU RVEY, FILED
IN BOOK 70, PAGES 96 THROUGH 98 INCLUSIVE, OF RECORDS OF SURVEY, IN THE OFFICE OF THE
COUNTY RECORDER, OF SAID COUNTY, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
54TH AVENUE AND MADISON STREET,
THENCE SOUTH 890 03' 03" WEST ALONG THE CENTERLINE OF 54TH AVENUE, A DISTANCE OF 460.00
FEET;
THENCE SOUTH 00° 56' S7' EAST AT RIGHT ANGLESTO THE CENTERLINE OF 54TH AVENUE, A DISTANCE
OF 50.00 FEET TO A POI NT ON THE SOUTHERLY RIGHT OF WAY LINE OF S4TH AVENUE, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE NORTH 890 03' 03" EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 54TH AVENUE, A
DISTANCE OF 383.96 FEET;
THENCE SOUTH 460 43' S0' EAST A DISTANCE OF 32.08 FEETTO A POINT ON THE WESTERLY RIGHT OF
WAY LINE OF MADISON STREET, AND SAID POINT LOCATED 55.00 FEET FROM THE CENTERLINE OF
MADISON STREET;
THENCE SOUTH 020 30' 40" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF MADISON STREET, A
DISTANCE OF 272.10 FEET;
THENCE WEST A DISTANCE OF 12.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH
EASTERLY AND HAVING A RADIUS OF 38.00, THROUGH A CENTRAL ANGLE OF 9V 00' 00", AN ARC
DISTANCE OF 59.69 FEET,
THENCE WEST A DISTANCE OF 80.92 FEET, TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 174.00 FEET, THROUGH A CENTRAL ANGLE OF 28° 29' 56-, AN ARC DISTANCE OF
86.SS FEET;
THENCE NORTH 450 00' 00" WEST, A DISTANCE OF 264,41 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 242.69 FEET, THROUGH A CENTRALANGLE
OF 160 Sl' 26", AN ARC DISTANCE OF 71.40 FEET;
THENCE NORTH OD° 56' S7- WEST, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING.
APN: 775-IDO-004
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
LAND LEASE AGREEMENT
This Land Lease Agreement ("Agreement") is made this 84 day of i� ,
2010, between the City of La Quinta, a municipal corporation, with a mailing address of 78495
Calle Tampico, La Quinta, California 92253 hereinafter designated LESSOR, and Los Angeles
SMSA Limited Partnership d/b/a Verizon Wireless, with its principal office located at One
Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-
862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party."
1. PREMISES. LESSOR is the owner of that certain parcel of property located at
54JMadison Street, La Quinta, California 92253, assessor's parcel number 775-100-004,
which property is more particularly described in Exhibit "A", attached hereto and made a part
hereof (the "Property"). LESSOR hereby leases to LESSEE a portion of the Property consisting
of approximately seven hundred thirty-seven (737) square feet of land and a second portion of
the Property consisting of approximately one hundred (100) square feet of land (together, the
"Demised Premises"), together with the non-exclusive right for ingress and egress, seven (7)
days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, over a
twelve (12) foot wide right-of-way extending from the nearest public right-of-way, Madison
Street, to the Premises, and the right to install and maintain utility wires, poles, cables, conduits
and pipes under or along a one hundred ten (110) foot right-of-way extending from Madison
Street to the Demised Premises (collectively, the "Right -of -Way"). The Demised Premises and
Right -of -Way (together, the "Premises") are described and depicted on Exhibit "A-V attached
hereto and made a part hereof.
2. SURVEY. A survey of the Property and the Premises is attached hereto as
Exhibit "B". Said survey shall control in the event of boundary and access discrepancies
between it and Exhibit "A". Cost for such work shall be borne by the LESSEE .
3. TERM. This Agreement shall be effective as of the date of execution by both
Parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and
be due at a monthly rental of Three Thousand and 00/100 Dollars ($3,000.00) to be paid on the
first (1") day of the month, in advance, to LESSOR or to such other person, firm or place as
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of the
due date for any rental payment. The Agreement shall commence on June 1, 2010 (the
"Commencement Date"). LESSOR and LESSEE acknowledge and agree that initial rental
payment(s) shall not actually be sent by LESSEE until thirty (30) days after the Commencement
Date. LESSOR and LESSEE further acknowledge and agree that every rental payment
following the first rental payment shall be due on the first day of the month during which
LESSEE utilizes the Premises.
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTV/DATE: CJZ/06.09
4. EXTENSIONS. This Agreement shall automatically be extended for three (3)
additional five (5) year terms unless the LESSEE terminates the Agreement at the end of the
then -current term by giving the LESSOR written notice of the intent to terminate at least ninety
(90) days prior to the end of the then -current term.
5. FLAT PERCENTAGE RENTAL INCREASE. The annual rental amount shall be
increased on each annual anniversary of the Commencement Date throughout the term of this
Agreement by an amount equal to three percent (3%) of the rent for the previous year.
6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for
the purpose of constructing, maintaining, repairing and operating a single sixty (60) foot high
monopole antenna and wireless communications facilities and associated uses and appurtenances
necessary for the operation of said wireless communications facilities. A screening fence
consisting of CMU block construction or similar but comparable construction may be placed
around the perimeter of the Demised Premises with approval from LESSOR. Both Parties
acknowledge'that the landscaping and irrigation, as further described and depicted in Exhibit
"A", shall be installed, irrigated, owned, and maintained by LESSOR, and will become part of
the Property.
Further, so long as it complies with all applicable local, state, and federal laws, including
the City of La Quinta's Noise Ordinance, LESSEE shall have the right, at its sole option, to
install and use for emergency purposes only at the Premises, a stand-by power generator, of a
type and kind to be determined solely by LESSEE, in connection with LESSEE's
communications facilities. LESSEE shall utilize a stand-by power generator which is rated for
low decibel emission levels relative to its service classification. All improvements shall be at
LESSEE's expense and the installation of all improvements shall be at the discretion and option
of the LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its
equipment or any portion thereof, whether the equipment is specified or not on any exhibit
attached hereto, during the term of this Agreement. Before commencing any subsequent
alterations to the Property, LESSEE shall submit plans and specifications to LESSOR for
LESSOR'S written approval, which approval shall not be unreasonably withheld, conditioned or
delayed. In the event LESSOR does not either (i) object to the plans in writing or (ii) furnish
LESSEE with written approval, within thirty (30) calendar days of the date of submission of the
plans, LESSOR will be deemed to have approved them. All work to be done by LESSEE shall
be performed in accordance with the approved plans unless a modification thereto is otherwise
approved in writing by LESSOR, which approval shall not be unreasonably withheld,
conditioned or delayed. LESSEE will maintain the Premises in a good condition, reasonable
wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals") that may be required
by any Federal, State or Local authorities as well as soil boring tests satisfactory to LESSEE,
which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate, at
no cost to LESSOR, with LESSEE in its effort to obtain such approvals and shall take no action
with respect to the Premises which would adversely affect the status of the Premises with respect
to the proposed use by LESSEE. In the event that any of such applications for such
Governmental Approvals should be finally rejected or any Governmental Approval issued to
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTV/DATE: CJZ/06.09
LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental
authority; LESSEE determines that such Governmental Approvals may not be obtained in a
timely manner; any soil boring tests are found by LESSEE to be unsatisfactory so that LESSEE
in its sole and reasonable discretion will be unable to use the Premises for its intended purposes;
LESSEE determines that the Premises is no longer technically compatible for its intended use; or
LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or
unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's
exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return
receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon
such later date as designated by LESSEE. All rentals paid to said termination date shall be
retained by LESSOR. Otherwise, the LESSEE shall have no further obligations for the payment
of rent to LESSOR. Notwithstanding the foregoing, if LESSEE terminates this Agreement for
any reason other than its ability to obtain or maintain its Governmental Approvals or due to
unsatisfactory soil boring tests, LESSEE shall concurrently with its notice of termination to
LESSOR, pay LESSOR a termination fee equal to six (6) months of the then -current rent, and
without such payment any purported termination shall be void and LESSEE shall remain liable
for rent and its other obligations under this Agreement. Upon such termination, this Agreement
shall be of no further force or effect except to the extent of the representations, warranties and
indemnities made by each Party to the other hereunder.
7. UTILITIES. LESSEE shall pay for the utilities it consumes in its operations at
the Premises. LESSEE shall have the right to obtain separate utility service from any utility
company that will provide service to the Premises. LESSEE shall design its utility runs to be
underground. If above ground utility runs are required by a servicing utility company, LESSEE
must request and obtain approval of the design of the above ground utility from LESSOR, which
consent shall not be unreasonably withheld, conditioned, or delayed. LESSOR agrees to sign
such documents or easements as may be required by said utility companies to provide such
service to the Premises, including the grant to LESSEE or to the servicing utility company at no
cost to the LESSOR, of an easement in, over, across, or through the Property as required by such
servicing utility company to provide utility services to LESSEE as provided herein. Any
easement necessary for such power or other utilities will be at a location acceptable to LESSOR
and the servicing utility company. Prior to commencing construction of LESSEE's facilities,
LESSOR and LESSEE shall meet to discuss the locations of the existing underground utilities
and irrigation in order to minimize any accidental contact therewith. In the event LESSEE
damages said utilities and/or irrigation, or any other portion of or appurtenance to the Property,
LESSEE shall cause such damages to be repaired at LESSEE's sole cost and expense, and to
LESSOR's reasonable satisfaction.
8. [RESERVED]
9. INSURANCE. LESSEE, at LESSEE'S sole cost and expense, shall procure and
maintain on the Premises and on the equipment and appurtenances attached to the Premises,
bodily injury and property damage insurance with a combined single limit of at least One Million
and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an
occurrence basis, against all liability of LESSEE, its employees and agents arising from
LESSEE'S use, disuse, occupancy, maintenance, and improvement thereon of the Premises.
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
LESSOR shall also be named as an additional insured on LESSEE'S policy, providing evidence
of same by way of a separate endorsement. Within thirty (30) days following the Effective Date,
LESSEE shall provide LESSOR with either (i) a certificate of insurance ("CO]") and "additional
insured" blanket endorsement evidencing the coverage required by this Paragraph 9, or (ii) an
electronic version of a memorandum of insurance ("MOI') and endorsement evidencing the
coverage required by this Paragraph 9. In the event LESSEE elects to provide LESSOR with a
MOI, LESSEE shall provide LESSOR with a uniform resource locator link to LESSEE's MOI
web site.
10. WAIVER OF SUBROGATION. LESSOR and LESSEE waive and release
each other and their respective principals, employees, representatives and agents, from any and
all rights of action for negligence against each other for damage to the Property or the Premises
or to any personal property or appurtenances thereon caused by, or that result from, any fire, or
other casualty of the kind covered by standard fire insurance policies with extended coverage
regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by
the Parties, or either of them. These waivers and releases shall apply between the Parties and
they shall also apply to any claims under or through either Party as a result of any asserted right
of subrogation. LESSOR and LESSEE shall cause such insurance policies obtained by them to
provide that the insurance company waives all right of recovery by way of subrogation against
the other in connection with any damage covered by such policies.
11. LIABILITY AND INDEMNITY. LESSEE shall indemnify, defend and hold
LESSOR harmless from and against all claims, losses, liabilities, damages, costs and expenses
(including reasonable attorneys' and reasonable consultants' fees, costs and expenses)
(collectively "Losses") to the extent arising from LESSEE's breach of any term or condition of
this Agreement or from the negligence or willful misconduct of LESSEE and/or LESSEE's
agents, employees or contractors in or about the Property, except to the extent caused by the
negligence or willful misconduct of LESSOR and LESSOR's agents, employees and contractors.
The duties described in this Paragraph 11 shall apply as of the Commencement Date of this
Agreement and survive the termination of this Agreement. Neither Party shall be liable to the
other, or any of their respective agents, representatives or employees for any lost revenue, lost
profits, loss of technology, rights or services, incidental, punitive, indirect, special or
consequential damages, loss of data, or interruption or loss of use of service, even if advised of
the possibility of such damages, whether under theory of contract, tort (including negligence),
strict liability or otherwise.
12. INTERFERENCE. LESSEE shall operate its equipment in compliance with all
applicable Federal Communications Commission ("FCC") requirements and in a manner that
will not cause harmful interference to LESSOR or other lessees or licensees of the Property,
provided that any such installations predate that of LESSEE's facilities and operate in
compliance with applicable laws. In the event LESSEE's equipment causes such interference,
and after LESSOR has notified LESSEE of such interference pursuant to this Agreement,
LESSEE will take all steps necessary to correct and eliminate the interference within thirty (30)
days of said notice. LESSOR acknowledges that interference may come from different sources,
and LESSEE shall only be responsible to correct interference to the extent caused by LESSEE's
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
equipment. In the event LESSEE fails to so correct such interference after said notice and time
period, LESSEE shall be in default of this Agreement. Subsequent to the installation of
LESSEE's facilities, LESSOR will not, and will not permit its lessees or licensees to, install new
equipment on or make any alterations to the Property contiguous thereto owned or controlled by
LESSOR, if such modifications will cause interference with LESSEE's operation of LESSEE's
facilities. In the event interference occurs, LESSOR agrees to use best efforts to eliminate such
interference in a reasonable time period. LESSOR's failure to comply with this Paragraph shall
be a material breach of this Agreement.
13. TERMINATION.
a. This Agreement may be terminated without further liability on thirty (30)
days prior written notice as follows: (i) by either Party upon a default of any covenant or term
hereof by the other Party, which default is not cured within a sixty (60) day "grace period"
following receipt of written notice of default, except that the Agreement shall not be terminated
if the default cannot reasonably be cured within such sixty (60) day grace period and the
defaulting Party has commenced to cure the default within such sixty (60) day grace period and
diligently pursues the cure to completion; provided that the grace period for any monetary
default is ten (10) days from receipt of written notice; (ii) by LESSOR, in the event that
LESSOR determines that it is necessary to protect persons on the Property or in the immediate
community, or both, from conditions dangerous to their health or safety caused by LESSEE's use
of the Property, as determined by proper City of La Quinta procedure; (iii) for purposes of
condemnation as further described in Paragraph 29 and (iv) for purposes outlined in Paragraph 6.
b. On or before the Commencement Date, LESSEE shall furnish or cause to
be furnished to LESSOR a good and sufficient bond, in the form and from an entity approved by
the LESSOR's attorney (the "City Attorney"), entitled "Performance Bond", in the amount of
Fifty Thousand and 00/100 Dollars ($50,000.00), or such other comparable security instrument
as reasonably approved by the City Attorney, securing the faithful performance by LESSEE of
all the terms and conditions of this Agreement.
14. REMOVAL UPON TERMINATION. LESSEE, upon termination of the
Agreement, shall, within ninety (90) days, remove its building (including footings to a depth of
three (3) feet), fixtures and all personal property and otherwise restore the Premises to its original
condition, reasonable wear and tear and casualty excepted. LESSOR agrees and acknowledges
that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal
property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not
said items are considered fixtures and attachments to real property under applicable law. If such
time for removal causes LESSEE to remain on the Premises after termination of this Agreement,
LESSEE shall pay rent at the then existing monthly rate until such time as the removal of the
building, antenna structure, fixtures and all personal property are completed, for a maximum
ninety (90) days following termination of the Agreement or for a longer term as stipulated by
written mutual consent by both LESSOR and LESSEE. Such payment shall be in addition to any
other rents or early termination fees otherwise required by this agreement.
15. RIGHTS UPON SALE. Should LESSOR, at any time during the term of this
Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale
by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall
be under and subject to the right of the LESSEE in and to such right-of-way.
16. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants shall peaceably and quietly have, hold and enjoy the Premises for the
purposes described hereinabove.
17. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title
and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants that there are no liens, judgments or impediments of title on the
Property or affecting LESSOR's title to the same and that there are no covenants, easements or
restrictions which prevent the use of the Premises by the LESSEE as set forth above.
18. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that no verbal
or oral agreements, promises or understandings shall be binding upon either the LESSOR or
LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or
modification to this Agreement shall be void and ineffective unless made in writing and signed
by the Parties. In the event any provision of the Agreement is found to be invalid or
unenforceable, such finding shall not affect the validity and enforceability of the remaining
provisions of this Agreement. The failure of either Party to insist upon strict performance of any
of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement
shall not waive such rights and such Party shall have the right to enforce such rights at any time
and take such action as may be lawful and authorized under this Agreement, either in law or in
equity.
19. GOVERNING LAW AND CHOICE OF FORUM. This Agreement and the
performance thereof shall be governed, interpreted, construed, and regulated by the laws of the
State of California and City of La Quinta. Any dispute arising under or relating to this
Agreement shall be commenced and tried in the Superior Courts of the State of California,
County of Los Angeles.
20. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates,
subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's
assets in the market defined by the FCC in which the Property is located by reason of a merger,
acquisition or other business reorganization; or to any entity which acquires or receives an
interest in the majority of communication towers of the LESSEE in the market defined by the
FCC in which the Property is located. Said assignment shall require that assignee assume all of
LESSEE's obligations herein. LESSEE shall deliver written notice to LESSOR of any such
assignment within a reasonable time, consisting of not less than ten (10) business days prior to
such assignment. As to other potential purchasers, assignees, or transferees, this Agreement may
not be sold, assigned or transferred without the written consent of the LESSOR, which consent
will not be unreasonably withheld, conditioned, or delayed. LESSEE may sublet the Premises
within its sole discretion, upon notice to LESSOR. No change of stock ownership, partnership
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SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE
shall constitute an assignment hereunder.
21. NOTICES. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by commercial courier,
provided the courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the courier's receipt from
the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LESSOR: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Assistant City Manager, Management Services
Phone: (626) 357-7931
LESSEE: Los Angeles SMSA limited partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
(Site: Spanish Bay)
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
22. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto.
23. SUBORDINATION AND NON -DISTURBANCE. At LESSOR's option, this
Agreement shall be subordinate to any mortgage or other security interest by LESSOR which
from time to time may encumber all or part of the Property or right-of-way; provided, however,
every such mortgage or other security interest shall recognize the validity of this Agreement in
the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy
of and have access to the Premises as long as LESSEE is not in default under this Agreement.
LESSEE shall execute whatever instruments may reasonably be required to evidence this
subordination clause. In the event the Property is encumbered by a mortgage or other security
interest, the LESSOR immediately after this Agreement is executed, will obtain and furnish to
LESSEE, a non -disturbance agreement for each such mortgage or other security interest in
recordable form. In the event the LESSOR defaults in the payment and/or other performance of
any mortgage or other security interest encumbering the Property, LESSEE, may, at its sole
option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE
shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage
or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that
may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct
such defaults.
7
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATfY/DATE: CJZ/06.09
24. TAXES. LESSEE shall pay as additional rent any documented increase in real
estate taxes levied against the Property which are directly attributable to the improvements
constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or
billing relating to real estate taxes for which LESSEE is responsible under this Agreement within
thirty (30) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make
payment of any real estate taxes until LESSEE has received the notice, assessment or billing
relating to such payment as set forth in the preceding sentence. In the event LESSOR fails to
provide to LESSEE a copy of any real estate tax notice, assessment or billing within the thirty
(30) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to
make payment of real estate taxes referred to in the notice, assessment or billing which was not
timely delivered by LESSOR to LESSEE. LESSEE shall have the right, at its sole option and at
its sole cost and expense, to appeal, challenge or seek modification of any real estate tax
assessment or billing for which LESSEE is wholly or partly responsible for payment under this
Agreement. LESSOR shall reasonably cooperate with LESSEE in filing, prosecuting and
perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence,
including but not limited to, executing any consent to appeal or other similar document.
LESSEE is hereby notified that any property interest deemed to have been created by or as a
result of this Agreement may be subject to property taxation, and that LESSEE may be subject to
the payment of property taxes levied on the interest.
25. RECORDING. LESSOR agrees to execute a Memorandum of Agreement which
LESSEE may record with the appropriate Recording Officer. The date set forth in the
Memorandum of Agreement is for recording purposes only and bears no reference to
commencement of either term or rent payments.
26. DEFAULT. In the event there is a default by either Party with respect to any of
the provisions of this Agreement or its obligations under it, including the payment of rent, the
non -defaulting Party shall give the defaulting Party written notice of such default. After receipt
of such written notice, the defaulting Party shall have ten (10) days in which to cure any
monetary default and sixty (60) days in which to cure any non -monetary default, provided the
defaulting Party shall have such extended period as may be required beyond the sixty (60) days if
the nature of the cure is such that it reasonably requires more than sixty (60) days and the
defaulting Party commences the cure within the sixty (60) day period and thereafter continuously
and diligently pursues the cure to completion. The non -defaulting Party may not maintain any
action or effect any remedies for default against the defaulting Party unless and until the
defaulting Party has failed to cure the same within the time periods provided in this Paragraph.
27. ENVIRONMENTAL. LESSOR warrants and agrees that neither LESSOR nor, to
LESSOR's knowledge, any third party has used, generated, stored or disposed of, or permitted
the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under,
about or within the Property in violation of any law or regulation. LESSOR and LESSEE each
agree that they will not use, generate, store or dispose of any Hazardous Material on, under,
about or within the Property in violation of any law or regulation. LESSOR and LESSEE each
agree to defend and indemnify 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 warranty or agreement contained in this Paragraph.
7
SITE NAME: Spanish BaY
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
"Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic
or dangerous in any applicable federal, state or local law or regulation (including petroleum and
asbestos).
28. CASUALTY. In the event of damage by fire or other casualty to the Premises
that cannot reasonably be expected to be repaired within forty-five (45) days following same or,
if the Property is damaged by fire or other casualty so that such damage may reasonably be
expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then
LESSEE may at any time following such fire or other casualty, provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen (15) days written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the other under this Agreement. Notwithstanding the foregoing, all rental shall
abate during the period of repair following such fire or other casualty.
29. CONDEMNATION. In the event of any condemnation of the Property, LESSEE
may terminate this Agreement upon fifteen (15) days written notice to LESSOR if such
condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for
more than forty-five (45) days. LESSEE may on its own behalf make a claim in any
condemnation proceeding involving the Premises for losses related to the antennas, equipment,
its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any
such notice of termination shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date of this
Agreement and the Parties shall make an appropriate adjustment as of such termination date with
respect to payments due to the other under this Agreement.
30. SUBMISSION OF AGREEMENT. The submission of this Agreement for
examination does not constitute an offer to lease the Premises and this Agreement becomes
effective only upon the full execution of this Agreement by the Parties. If any provision herein is
invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining
provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or
persons executing this Agreement on behalf of such Party has the full right, power and authority
to enter into and execute this Agreement on such Party's behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this Agreement.
31. [RESERVED]
32. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
Q
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
33. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LESSOR:
City of La Quinta,
a municipal corporation
By� oT "
Name: —
Title: c—, 1;-14 1RG6
Date: 7 8//O
LESSEE:
Los Angeles SMSA Limited Partnership d/b/a
Verizon Wireless
By: AirToytch'k�r ' s General Partner
Walter L.Iollfes,lr.
Title: Area Vice resid tNetwork
Dnte• Is, 1 L / ZI
10
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTY/DATE: CJZ/06.09
Exhibit "A"
Description of Property
THAT PORTION OF THE NORTHEAST ONE -QUART ER OF SECTION 16,TOWNSHIP 6SOUTH, PANGE7 AST,
SAN 6ER.4ARDINO MERIDIAN, IN THE CITY OF LA WINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
ACCORDING TOTHF OFFICIAL PLATTHER`.OF DESCRIBED AS FOLLO YS:
COMMENCING AT -WE WOR.TFi r#ST QUARTER OF SECTION 16 AS SHCINN ON A RECORD OF SURVEY, FILED
IN BOOK 70, PAGES 96 THROUGH 98 INCLUSIVE, OF RECORDS OF S:IRVEY, IN THE Oi-FICE OF THE
COUNTY RECORDER., OF SAID COUNTY, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
54TH AVENUE: AND MADISON STREET:
THENCE SOUTH 890 03' 03" WEST ALONG THE CENTERLINE OF 54TH AVENUE, A D:STANCC OF 46D.UC
F FFF T;
THENCE SOUTH OW 5657" EAST AI RiGH`r ANGLES 7O 1"HE CENTEFRUNE OF 54TH AVE%:; E, A DISTANCE
OF 50,00 FEET TO A POIYTQN THE SOUTHI:RI.Y PtG-iT OF WAY `,IMF OF 504AVENUE, %AjU PO:N I KJNG
THE POINT Of BEGIN NIN ;
THENCE NORTH W 03' 03" EAST ALO:NiG THE SOUT:iERLY RIGHT OF WAY LINE OF SITH AVENUE, A
DISTANCE OF 383.96 FEET;
THENCE SOUTH 450 4T ST EAST A DISTANCE OF 32,t18 FEET TO A POINT' ON i HE WESTERLY RIGHT Of
WAY ONF OF MADMON SI'Re0-, AND SAID POINT LOCATED $5,00 FEET FROM T-j.E CENTERLINE OF
MADISON STREET;
THENCE SOUTH 020 30' 40" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF MADISON STREET, A
DISTANCZ OF 272.10 FEET;
THENCE WeSt A UtSTfANCE OF 12.t]C FEET 70 THE BEGIN%NG OF A TANGENT CURVE, CONCAVE SOUTH
EASTERLY AND HAVING; A RADIUS OF 38.OG, THROUGH A CFNTRAI, ANCLF OF 900 off 00" AN ARC
DISTANCE OF 59.69 fE.FT;
THENCE WEST A DISTANCE OF 80.92 FEET, TO A POINT ON A C SRVE, CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 174.00 FEET, THROUGH A CENTRAL ANGLE OF 260 29' 56`, AN ARC DISTANCE OF
86.55 FEET,
THENCE NORTH 450 00' GIG" WEST, A DISTAL OF 254,41 FEET TO THE BEGINNING OF A TANGENT
CURVE. CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 242.69 FEET. THROUGH A CENTRAL ANGLE
OF 160 5V 21i", AN ARC DISTANCE OF 7:.40 FEET„
THENCE NORTH DD° 56' 57" WEST, A DISTANCE OF 22,50 FELT TO TLIE POINT OF BEGINNING.
APN: 775-00-004
11
SITE NAME: Spanish Bay
SITE NUMBER: 182379
ATTV/DATE: CJZ/06.09
Exhibit "A -I"
Description of the Demised Premises
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RLI Insurance Company
Annually Renewable Performance Bond
BOND #CMS252134
KNOW ALL MEN BY THESE PRESENTS: That Los Angeles SMSA Limited
Partnership d/b/a Verizon Wirelesws By Airtouch Cellularits General Partner, One
Verizon Way, Mail Stop 4AWI00 Basking Ridge, NJ 07920 (hereinafter called the
Principal), and RLI Insurance Company (hereinafter called the Surety), are held and
firmly bound unto City of La Quinta, 78-495 Calle Tampico La Quinta, CA 92253
(hereinafter called the Obligee), in the full and just sum of Fifty Thousand and 00/100
Dollars ($50 000.00 , the payment of which sum, well and truly to be made, the said
Principal and Surety bind themselves, and each of their heirs, administrators, executors,
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated the 12t' day of May, 2010
entered into a Contract with the Obligee for a land lease agreement of property located at
54005 Madison Street La Ouinta, CA 92253, for a period of FIVE 5 years which
contract is hereby referred to and made a part hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of
said contract for a period of one year.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH,
that if the Principal shall well and truly perform each and every obligation in said
Contract at the time and in the manner specified during the term of this bond, and shall
reimburse said Obligee for any loss which said Obligee may sustain by reason of failure
or default on the part of said Principal, than this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is subject to the following conditions:
L This bond is for the term beginning July 14, 2010 and ending July 14, 2011. The
bond may be extended for additional terms at the option of the surety, by continuation
certificate executed by the Surety. Neither non -renewal by the surety, nor failure,
nor inability of the Principal to file a replacement bond shall constitute a loss to the
Obligee recoverable under this bond. Verizon Wireless will renew this bond annually
upon expiration throughout the five-year term of the facility's Lease Agreement and
for any extensions to the Lease Agreement.
2. In the event of default, the Surety will have the right and opportunity, at its sole
discretion, to: a) cure the default; b) assume the remainder of the Contract and to
perform or sublet same; c) or to tender to the Obligee funds sufficient to pay the cost
of completion less the balance of the Contract price up to an amount not to exceed the
penal sum of the bond. In no event shall the Surety be liable for fines, penalties,
liquidated damages, or forfeitures assessed against the Principal.
No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or
maintained against the Surety on this instrument unless same be brought or instituted
upon the Surety within one year from termination or expiration of the bond term.
4. No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Obligee named herein or the heirs, executors, administrator
or successors of Obligee.
5. The aggregate liability of the surety is limited to the penal sum stated herein
regardless of the number or amount of claims brought against this bond and
regardless of the number of years this bond remains in force.
6. If any conflict or inconsistency exists between the Surety's obligations or
undertakings as described in this bond and as described in the underlying document,
then the terms of this bond shall prevail.
This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the
Obligee objects to any language contained herein, within 30 days of the date this
bond is signed and sealed by the Surety, Obligee shall return this bond, certified mail
or express courier, to the Surety at its address at:
RLI Commercial Surety
101 Bradford Road
Suite 200
Wexford, PA 15090
Failure to return the bond as described above shall constitute acceptance of the terms
and conditions herein.
Signed and sealed this 14`h day of July 2010.
PRINCIPAL:
Los Angeles SMSA Limited Partnership (seal)
d/b/a Verizon Wireless
By: Airtouch Cellular its General Partner
By: l 7 iC —/'0
Bill D'Ago no
Executive Director - Network
SURETY:
RLI Insurance Company (seal)
By:------
Patrick Banno tomey-in-Fact
RLI Surety
P.O. Box 3967 1 Peoria, IL 61612-3967
Phone:(800)645-2402 I Fax:(309)689-2036
w .rlicorp.com
Know All Men by These Presents:
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Erin M. Mareelis, Menuel Jones, Mvma L. Smith, Patrick Bannon, Jeffrey Tyler, jointly or severally
in the City of Washington , State of District of Columbia its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 1st day of April 2010
,gJ�Eo,,, RLI Insurance Company
3. • ",
VC: CP re
SEAL .•` ` By: '
Roy C. Di Vice President
State of Illinois l L I N, 0%,0%,,`
} SS
County of Peoria
CERTIFICATE
On this I t_ day of April 2010 , before me, a Notary Public,
personally appeared Roy C. Die , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
mm��uni MFA"I&IEft/17117'
Cherie L. Montgomery r 9 61 Notary Public
fi, .uu�
a LA:. "OFFICIALSEAL"
xmurc F
c CHERIE L MONTGOMERY
n rta
vNm COMMISSION EXPIRE502/02nY
I, the undersigned officer of RLI Insurance Company, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attorney is in full force and effect and is irrevocable; and
furthermore, that the Resolution of the Company as set forth in the
Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Company
this _ day of ,
RLI Insurance Company
By: +�
Roy C. Di - Vice President
0842055030110
A0058707
r'�1
r'�p!rd CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
06/23/2010
PRODUCER
ADD Risk Services Northeast, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Parsippany NJ Office
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
10 Lanidex Center West
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 608
COVERAGE AFFORDED BY THE POLICIES BELOW.
Parsippany NJ 07054-0608 USA
NAIC q
INSURERS AFFORDING COVERAGE
rBorE-866 283-7122 FAX• 847 953-5390
INSURED
MSURERA: National Union Fire Ins co of Pittsburgh
19445
INSURER➢:
. Cel7CO Partnership dba verizon Wireless
!�
180 Washington valley Road
.—•
Bedminster NJ 07921 USA
d1EVRER O;
u
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DISiIRER D:
u
MSURERE:
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COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMET, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HeZ N IS SUBJECT TO ALL TIM TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
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TYPEOPINSURANCE
POLICYNUMSER
POLICY EFFECTIVE
POLICY EXPIRATION
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06/30/2010
06/30/2011
EACH OCCURRENCE
S1,000,000
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DAMAGE TO RENTED
$1,000,000
PREMIERS (EA ovwnvvlAl
CLAIMS MADE ® OCCUR
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OTHER
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DESCRBTON OF OPERATIONSILOCAnONSNEHICLE52XCLUSIONS ADDED BY ENDORSEM liNTMECIAL PROVISIONS
Named Insured also includes: Los Angeles SMSA d/b/a/ Verizon Wireless and AirTOUch its general partner. Re:
Spanish Bay cell site, LOC 182379, APN 775-100-004, 54001 Madison St, La Quinta, CA. City of La Quinta is included
as additional insured as required by written contract. waiver of subrogation is afforded under the policy.
_
CERTIFICATE HOLDER CANCELLATION
-`•
City Of La Quinta $NO=
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
_
Attn : Assistant City Manager,
sO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICSTO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Management Services
78-495 cane Tampico
TO DO M SHALL LITY
La Quinta CA 92253 USA
OFAANY]UND UPON THE INSUREAILURE
R. IOSETS OR REPRESENTATIVES,
p
AVIIIORIZED AEPRGSEIVTAIIVE �� ���µwA,y �«�yvyr�n,A
ACORD 25 (2009101) 01988-2009 ACORD COKFUKA LAUN. All ngna MServwIN
The ACORD Dame and logo are registered marls of ACORD
POLICY NUMBER: GL 436-06-99
VERIZON COMMUNICATIONS INC.
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
As required by written contract or agreement.
if not
A. Section If — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
[ail
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment fumished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on be-
half of the additional insured(s) at the location
of the covered operations has been completed;
or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0