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R18-028
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R18-028 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN A TOWER SITE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CCATT, LLC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tower Site License Agreement is for a third antennae for the automated meter infrastructure (AMI) system utilized by the Utility Department Meter Services Division; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to sign a Tower Site License Agreement between the City, of Boynton Beach and CCATT, LLC.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to sign a Tower Site License Agreement between the City of Boynton Beach and CCATT, LLC., a copy of which Second Amendment is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its passage. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Intemet Files\Content.IE5\SATNOEVN\Crown_Castle_Tower Site_License_Agreement_-_Reso.Doc 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED this 20'h day of February, 2018. ATTEST: daa- - �- -4 Judit . Pyle, CMC City Clerk (City Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray ✓ Commissioner — Christina L. Romelus ✓ Commissioner — Joe Casello '/ VOTE C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOE VN\Crown_Castle_Tower_S ite_License_Agreement_-_Reso.Doc DocuSign Envelope ID:5AD40377-470D-4A96-1343F-12ACOF1OFFE2CR 2\ CJ v z ! Customer Site Name: COBB UtiI#3 Crown Site Nome: WPI2(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government Lice se Identifier: 597888 Type of Site: Crown Site TO' R srrE 1ACLNSE AGREEMENT (LICENSE FOR USE OF TOWER AND GROUND SPACE) THIS TOWER SITE LICENSE AGREEMENT (this "Agreement") is entered into as of this - 5-16-•day of /na.C'c h, c:�o ri;(the"Effective Date"), between CCATT LLC, a Delaware limited liability company, with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317("Licensor"),and City of Boynton Beach,with its principal place of business at 100 E Boynton Beach Blvd,Boynton Beach,Palm Beach County,Florida 33425("Licensee"). The parties hereto agree as follows: 1. DE; t ITIONS Unless otherwise noted,as used in this Agreement references to Section numbers are to sections in main text of this Agreement,references to Exhibits are to those documents attached to this Agreement,use of"including"and"includes"means a non-exhaustive list of examples,and use of"or"means"and/or"; The following terms as used in this Agreement are defined as follows: "Acquiring Party" means any person acquiring title to Licensor's interest in the real property of which the Site forms a part through a Conveyance. "Adjusted Fee"means the adjusted Basic Payment or other fee,as applicable,calculated as set forth in Section 5.2 below. "Adjust ssne t °g ate" means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below. "AM Detuning Study" means a study to determine whether measures must be taken to .f avoid disturbance of an AM radio station signal pattern. "AM Detuni g Study Fee" means the fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an AM Detuning Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Detuning Study. " ase Fee"means the then-current Basic Payment or other fee,as applicable. "Basic Pa is sant" means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 below, which consideration is subject to adjustment as described in Section 5.2 below. "Er: E )520 ' 'I rcparr:<6Iryt M.Potion App Rev#:1 i*r'rpare.itop: 1/12/21118 LRF Rev#:2 Ile-.18 d ut9:' CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AG (11-29-2015 version) I DocuSign Envelope ID:5AD40377-4700-4A96-B43F-12ACOF1 OFFE2 CROWN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site "Basic Payment Commencement Date" means the earlier of: i) the commencement of 1 the installation of Licensee's Equipment at the Site, or ii) the first(1st) day of the month following the day that is forty-five(45)days after full execution of this Agreement. "Closeout Documentation" means the as-built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment. "Code" means TIA-222-X, where the "X" refers to whatever revision of TIA-222 is currently adopted by the jurisdiction in which the Site is located. "Conveyance" includes any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriff's or trustee's sale under the power of sale contained in the Security Instrument,the termination of any superior lease of the Site and any other transfer, sale or conveyance of the Licensor's interest in the property of which the Site forms a part under peril of foreclosure or similar remedy,including to the generality of the foregoing,an assignment or sale in lieu of foreclosure or similar remedy. "Crown Castle"means Crown Castle USA Inc.or an affiliate of Crown Castle USA Inc. that is designated by Licensor to perform any Work for Licensee, or to inspect any work that is performed for Licensee,pursuant to Section 2.5 below. "Current Term Expiration 'I at 6" means, at any point in time, the last day of the then- current term,whether it is the initial term or a renewal term(if applicable). "6l'eed"means the deed(s)or other similar prior instrument(s)from which Licensor's rights in any portion of the Site are derived, together with any restrictive covenants pertaining thereto, whether or not such restrictive covenants are contained in the deed(s) or other similar prior instrument(s)or in-a separate prior legal instrument(s). "Equip..eut"means Licensee's communications equipment placed on the Site,including Licensee's antennas,cables,connectors,wires, radios,radio shelter or cabinet and related transmission and reception hardware and software,and other personal property. "Eve t off Dei tilt"means any material breach of this Agreement for which no cure period applies,or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein,as described in Section 13 below. "FAA"means the Federal Aviation Administration. "FCC"means the Federal Communications Commission. TT:E 1532037 Prepared by: M.Patton App Rev#: I Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 2 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF 1 OFFE2 { 4, . C CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site "Govern eat Entity" means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. "Grantor"means the grantor named in the Deed,if applicable. "Inspection Fee" means the fee payable by Licensee to Crown Castle in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00)to defray Licensor's costs associated with Crown Castle's inspection of any Work not performed by Crown Castle. Said amount is subject to adjustment in accordance with Section 5.2 below. "Installation S ndards"means the"Installation Standards for Construction Activities on Crown Castle Tower Sites"or its successor,issued by Licensor(or its affiliates)from time to time,as described in Section 2.2 below. "Intermodulation Study" means a study to determine whether an RF interference problem may arise. "Intermodulation Study Fee" means the fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. "Landlord"means the lessor,sublessor,or licensor under the Prime Lease,if applicable. "r •ws" means any and all laws, regulations, rules, or requirements promulgated by Government Entities. "Lender"means any and all lenders,creditors,indenture trustees and similar parties. "Licensed Equipment"means,if applicable,Licensee's permitted equipment installed at the Site that is transmitting or receiving signals within frequencies for which has an FCC t s license, to the extent that such equipment is transmitting or receiving signals within such € 3 frequencies. "Licensed Space"means that portion of the Site that is licensed to Licensee hereunder. "Licensee" means the party named as "Licensee" in the first paragraph hereof and its successors-in-interest. "Licensor" means the party named as "Licensor" in the first par: •.h hereof and its successors-in-interest. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 3 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site "Modification" means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground,(ii)any addition of antennas or antenna structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, (iv) any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable,(v)the addition of generators or generator fuel tanks in any location,(vi)any addition, modification, or replacement of equipment on the tower other than as may be specified herein,(vii)any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or(viii) any use of power in excess of the power level specified herein. Notwithstanding the foregoing,the replacement of any of Licensee's equipment(if any)on the tower with new, identical equipment(i.e., equipment of the same quantity,make,model,size and weight),in the same location as the previously permitted equipment,shall not constitute a"Modification",provided that such replacement does not negatively affect the tower's loading capacity, as determined by Licensor. "Modification Application Fee" means the fee payable by Licensee to Licensor in the amount of Zero and 00/100 Dollars ($0.00) to defray Licensor's costs incurred in I! evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below. "NTP"means a written notice to proceed. "Pre-Existing Use"means any installation or modified use of Licensor's or another user's equipment prior to the installation or modified use of Licensee's Equipment. FI "Prune Lease" means the lease(s), sublease(s), or other similar prior agreement(s) from {1a which Licensor's rights in any portion of the Site are derived, and which may contain restrictions on use of the Site. "Prior Agreement"means, if applicable,any active prior oral or written agreements (as may have been amended or assigned) between Licensor and Licensee to the extent applicable to the Site and the subject matter described herein. "Pro Rata Share"means the fraction or decimal equivalent determined by dividing one (1)by the total number of then-existing users of the Site. In no event shall the Pro Rata Share exceed fifty percent (50%). For the purposes of determining "Pro Rata Share", Licensor shall be deemed to be a then-existing user of the Site. } "Regulatory Compliance Costs" means the reasonable costs, including reasonable attorneys'fees,incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law. '1'T:E 1532037 Prepared by: M.Patton App Rvy : Prepared on: 1/12/2018 LRF Ito,At'` t Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) } DocuSign Envelope ID:5AD40377-470D-4A96-1343F-12ACOFIOFFE2 CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site "' "means radio frequency. "Security Instrrnn ent" means any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. "Site" means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. "Servic : Agreement" means any active agreement(s) between Licensee and Crown Castle with respect to the performance of Work for Licensee by Crown Castle,which active agreement(s) may include, without limitation, any master services agreement, project appendix,purchase order for services,and/or other similar agreement. "Site Application F-?" means, if applicable, the fee paid or payable by Licensee to Licensor to evaluate-a Site Engineering Application to determine whether Site has sufficient capacity to accommodate the Equipment described herein. "Site Engineering Application" means the application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application, if any, for Licensee's permitted Equipment is referred to in Section 2.2 below and attached to this Agreement as part of Exhibit E. "Site Plan"means the site plan or site sketch,if any,referred to in Section 2.2 below and attached hereto as Exhibit C. "Structural Analysis"means an engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed tower-mounted Equipment, if any. Such engineering analysis takes into consideration factors such as weight,wind loading and physical space requirements. "Structural Analysis Fee"means the fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00/100 Dollars($2,500.00)to defray Licensor's costs incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee's tower-mounted Equipment described herein or with respect to any Modification to Licensee's Equipment. Said amount is subject to adjustment in accordance with Section 5.2 below. "Subsequent Use"means any installation or modified use of Licensor's or another user's equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below. "Te "means the term of this Agreement,as set forth in Section 4 below. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 5 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 4.00,trk `m C STLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A ME Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site "Ter 11 CoI, l'ealcement Date" means The earlier of: i) the commencement of the installation of Licensee's Equipment at the Site, or ii) the first (1st) day of the month following the day that is forty-five(45)days after full execution of this Agreement. "Tower Level Drawing"means the tower level drawing or tower sketch,if any, referred to in Section 2.2 below and attached hereto as part of Exhibit B. "Unlicensed Equip:I eat"means,if applicable,Licensee's permitted equipment installed at the Site that is transmitting or receiving signals within frequencies that do not require an FCC license,to the extent that such equipment is transmitting or receiving signals within such frequencies. "Work" means the installation of Equipment at the Site, construction of an approved Modification to Equipment at the Site,or removal of Equipment from the Site,as set forth in Section 2.5 below. 2. SITE,LICENSE,EOUII'MEENT,LICENSED SPACE,APPLICATION FOR MODIFICATIONS.CONDITIONS PRECEDENT.ACCEPTANCE OF SITE 2.1 The Site. The Site consists of that certain parcel of property,located in the City of Boynton Beach,the County of Palm Beach,and the State of Florida,which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain a Equip eat. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment on the Site within the Licensed Space, as such Equipment and Licensed Space are described in, and subject to, the approved Site Engineering Application and Tower Level Drawing(or other documentation),if applicable,attached hereto as Exhibit and as shown in the Site Plan(or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement,the parties acknowledge that the Equipment(or a portion thereof) may already be installed on the Site and that Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the installation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Exhibit and Exhibit C. 2.2.1 Tower-Mounted Equipment Not Installed Within 180 Days After Commencement of Installation. With respect to the installation of any tower-mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tower- mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification)within one hundred eighty(180)days after commencement of its initial installation of such tower-mounted Equipment,then the right to install any such tower-mounted Equipment not installed shall be deemed waived,with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after said one hundred TT:E 1532037 Prepar==rby: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 6 DocuSign Envelope ID:5AD40377-470D-4A98-B43F-12ACOF1OFFE2 a ac i CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site eighty (180) day period; provided,however,Licensee may thereafter install the remainder of the permitted but uninstalled tower-mounted Equipment for no increase to the Basic Payment,subject to available capacity at the Site, as determined by Licensor. Licensee shall notify Licensor in writing and coordinate with Licensor prior to installing any portion of the remainder of the permitted but uninstalled tower-mounted Equipment after said one hundred eighty (180) day period. Licensee acknowledges and agrees that Licensor may require that Licensee submit a new Site Engineering Application with respect to the installation of the remainder of such permitted but uninstalled tower-mounted Equipment. In the event that Licensor determines that the Site or tower located thereon cannot accommodate such permitted but uninstalled tower-mounted Equipment without requiring modifications thereto, then the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating such permitted but uninstalled tower-mounted Equipment. 2.2,2 Reduction of Available Capacity Due to Change in Applicable Law. If,as a result of any change in the applicable Code after the date of the subject Structural Analysis and prior to Licensee's completion of installation of any tower-mounted Equipment as described in Exhibit B(or as described in any future amendment for a Modification),Licensor determines that the tower at the Site no longer has sufficient capacity to accommodate any permitted but uninstalled tower-mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived,with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after such change in such applicable Code; provided, however, the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating any such permitted but uninstalled tower-mounted Equipment. 2.3 Application for Modic tions. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in is connection with a proposed Modification, and Licensee will be liable for the subject Structural Analysis Fee, AM Detuning Study Fee or Intermodulation Study Fee, as applicable. Any approved Modification shall be evidenced by an amendment to this Agreement,and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. Licensee agrees that any Modification,or change in Licensee's use of the Licensed Space,as approved herein,may entitle Licensor to additional compensation. Licensor is not obligated to approve applications for Modifications. 2.4 Conditions Precedent to Installation of Equipment or Modification. With respect to the installation of Equipment not already installed on the Site pursuant to a Prior Agreement, and with respect to any Modifications to Equipment,the parties agree that,notwithstanding anything to the contrary herein, Licensee's right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease or Deed to allow Licensor to license the Licensed Space to Licensee, if such consent is required, or Licensor has determined that no such written consent is required; (ii)a Site Engineering Application for such installation or Modification has been approved by Licensor;(iii)Licensor Ti':E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 7 L'r=}»i.'t Pt Lrtv6Ittp a€ 3 5A0401177,47104 pox ? ;�F-12! F i FFE*2, CRO 3 c't LE 3, T Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) ii Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site has received and approved Licensee's drawings showing the proposed installation of or Modification to the Equipment; (iv)Licensee has received and provided to Licensor(and Licensor has reviewed and accepted) copies of(a)all required permits,if any,for its installation of or Modification to the Equipment and(b)all required regulatory or governmental approvals pertaining to Licensee's proposed use of the Site; (v)Licensor has received a waiver of any rights of first refusal applicable to the Licensed Space identified in the subject Site Engineering Application; (vi)the Site Application Fee, Modification Application Fee, Structural Analysis Fee,Intermodulation Study Fee and AM Detuning Study Fee,as applicable,have been paid;and(vii)an NTP pertaining to such installation or Modification has been issued by Licensor and fully executed in accordance with Licensor's NTP process. With respect to Licensee's initial installation of Equipment on the Site,if any applicable conditions precedent are not satisfied within one hundred eighty (1 S0) days after the date of full execution of this Agreement, either party shall have the right to terminate this Agreement upon written notice to the other party;provided,however,the foregoing right to terminate this Agreement shall expire upon satisfaction of all applicable conditions precedent if said termination right was not previously exercised by either party. Licensor and Licensee shall cooperate to satisfy any conditions precedent. 2.5 Performance of Work. Licensee may engage Crown Castle to install Licensee's • Equipment,to make approved Modifications to Licensee's Equipment,or to remove Licensee's Equipment from the Site pursuant to this Section 2 (the "Work"). With respect to each such engagement, Licensee shall pay to Crown Castle a fee equal to the cost of the subject Work plus fifteen percent(15%),except to the extent as may otherwise be set forth in an applicable Services Agreement between Licensee and Crown Castle, and such Work shall otherwise be performed upon other terms mutually agreed upon by Licensee and Crown Castle as set forth in an applicable Services Agreement; provided,however, in the event that Licensee does not engage Crown Castle to perform the Work,Licensee shall (i) only engage a contractor approved by Crown Castle to perform the Work and (ii) pay to Crown Castle the Inspection Fee upon completion of the Work. Notwithstanding Crown Castle's inspection of any Work not performed by Crown Castle,neither Licensor nor Crown Castle shall in any way be liable for any defect in the Work or any of the materials used, and Licensee shall not rely on Licensor's inspection of the Work as confirmation that no defects exist. All Work shall be performed in accordance with the standards set forth in the Installation Standards. The foregoing requirement that Licensee only engage Crown Castle or a contractor approved by Crown Castle to perform Work on the Site is a material term of this Agreement. 2.6 Closeout Documentation. In the event that Licensee engages Crown Castle to perform any Work for Licensee pursuant to Section 2.5 above, Licensor shall provide or cause Crown Castle to provide to Licensee all Closeout Documentation with respect to such Work within forty-five(45)days after completion of the Work. In the event that Licensee does not engage Crown Castle to perform any Work for Licensee and Licensee engages a contractor approved by Crown Castle to perform the Work pursuant to Section 2.5 above,Licensee shall provide to Licensor all Closeout Documentation with respect to such Work within forty-five(45)days after completion of the Work. Notwithstanding the foregoing,in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five (45) day period,Licensee shall pay to Licensor One Thousand Five Hundred and 00/100 Dollars($1,500.00)for the purpose of defraying Licensor's costs associated with preparation of the Closeout Documentation required hereunder. Said amount is subject to adjustment in accordance with Section 5.2 below. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 8 DocuSign Envelope ID:5AD40377-470D-4A96-843F-12ACOF1OFFE2 crz# WN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 2.7 Licensor's Re syi. iea for Undocumented Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as permitted hereunder,it shall constitute a material breach of contract and Licensor shall have the following remedies, notwithstanding any other terms of this Agreement: (i) the right to collect from Licensee an administrative fee equal to six(6)times the monthly portion of the Basic Payment(based on the amount of the Basic Payment at the time of said notice),plus the Modification Application Fee,plus any costs incurred to assess the impact of the unauthorized installation or Modification; (ii)the right to collect from Licensee any direct and consequential damages related to such unauthorized installation or Modification; and (iii) the right to collect the Basic Payment for the Site retroactive to the date of the unauthorized installation or Modification. In the alternative to other remedies available to Licensor hereunder(i.e.,the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site. 2.8 Accep •nee of Licensed Space and Site. By executing and delivering this Agreement, Licensee: (i)accepts the Licensed Space and Site,including any improvements located thereon,as suitable for the purposes for which the Licensed Space is licensed to Licensee hereunder; (ii)accepts the Licensed Space and Site,including any improvements located thereon, and every part and appurtenance thereof in their"AS IS,WHERE IS"condition;and(iii)waives any claims against Licensor related to defects in the Licensed Space or Site, including any improvements located thereon, and their habitability or suitability for any permitted purposes,except if otherwise expressly provided hereunder. 3. ACCESS,USE OF SITE,ZOMNG APPROVAL,UTILITIES 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress toand egress from the Site over the designated access area to the Site as described in Exhibit A,and non-exclusive license to access Licensor's utility easement,if any,on a 24 hour per day,7 day per week basis, subject, however, to any restrictions in the Prime Lease or Deed or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment,together with a license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service,including electric and telephone service,to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area; provided, however, in the event that Licensee requires access to the Site but snow or some other obstruction on or in the access area is preventing or otherwise materially hindering Licensee's access to the Site,then Licensee shall notify Licensor of such snow or other obstruction and Licensor and Licensee shall cooperate with one another for the removal of such snow or other obstruction,on terms mutually agreeable to the parties. 3.2 Authorized Persons; S safety off Personnel. Licensee's right of access to the Site shall be limited to contractors approved by Crown Castle or persons under their direct supervision. Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STAN cl9ARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 9 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 CR011_ CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 3.3 Notice to Licensor. Licensee agrees to provide prior notice of any access to be made by Licensee or its contractors or subcontractors to the Site by calling Licensor's Network Operations Center at(800)788-7011 (or by providing notice as otherwise directed by Licensor).For safety reasons,access to the Site is restricted to times when elevated work is not being performed on any tower at the Site by any other person. 3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC-licensed or unlicensed frequency ranges specified herein,at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for obtaining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 3.6 Zoning Approval. At least seventy-two (72) hours before submitting any zoning application or amendment to the applicable zoning authority in relation to its installation of or Modification to Equipment at the Site, Licensee must provide Licensor with copies of such zoning application or amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application or amendment within seventy-two (72)hours after its receipt of copies thereof, provided that if Licensor does not respond within said period,Licensor shall be deemed to have approved same. Licensor reserves the right to(i)require that it be named as co-applicant on any such zoning application or amendment or(ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority,to approve or reject any conditions of approval,limitations or other obligations that would apply to the owner of the Site or property on which the Site is located, or any existing or future Site licensee,as a condition of such zoning authority's approval;provided,however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval,limitations or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for all costs and expenses associated with(a)any zoning application or amendment submitted by Licensee,(b)making any improvements or performing any other obligations required as a condition of approval with respect to same and(c)any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable,Licensee shall pay a share of such costs as reasonably allocated by Licensor. 4. TERM 4.1 Term of Agreement. The term of this Agreement shall commence on the Term Commencement Date and continue for a period of Five(5)year(s),er;ding on the day immediately prior to the Fifth(5th)anniversary of the Term Commencement Date at 11:59:59 p.m.New York time(the"Term"). 4.2 Automatic Term Renewal. The Term shall automatically extend for Four (4) renewal period(s)of Twenty(20)year(s)each unless either party provides written notice to the other of its election TT: E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 10 DocuSign Envelope ID:5AD40377-470D-4A98-B43F-12ACOF1OFFE2 r` t; ®WN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDLE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site not to renew the Term, at least Ninety(90) days prior to the Current Term Expiration Date. In the event that Licensee provides written notice of non-renewal to Licensor in accordance herewith but does not cause its Equipment to be removed from the Site prior to the Current Term Expiration Date,then Section 23 below shall apply with respect thereto. 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing,if a Prime Lease applies to the Site,and the term of the Prime Lease expires or terminates sooner than the expiration or termination of this Agreement, and Licensor has not assigned (and is not obligated to assign) its rights hereunder to Landlord, then the Term of this Agreement shall continue and remain in effect only as long as Licensor retains its interest under the Prime Lease. 5. CONS it ERATIION 5.1 l asic Payment. Licensee shall pay to Licensor Pour Hundred and 00/100 Dollars ($400.00)per month, subject to adjustment in accordance with Section 5.2 below(the "Basic Payment"), for its license and use of the Licensed Space. The Basic Payment shall be paid in advance and without demand,in equal monthly payments payable on the Basic Payment Commencement Date, and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by check payable to CCATT LLC, P.O. Box 732462, Dallas, TX 75373-2462. Licensee shall include the JDE Business Unit No. 842787 on or with each payment. Payments for any partial month shall be prorated. 5.2 Adjustments to Basic Payment and Other Fees. The Basic Payment and all other fees herein that are expressed as fixed dollar amounts(excluding any fees in this Section 5 other than the Basic Payment that are expressed as fixed dollar amounts) shall be increased(but never decreased) on the first anniversary of the Term Commencement Date and every anniversary of such date thereafter (the "Adjustment Date") by three percent(3%). Licensor's failure to demand any such increase shall not be construed as a waiver of any right thereto and Licensee shall be obligated to remit all increases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula: The Adjusted Fee=Base Fee+(Base Fee x 3%) 5.3 Regulatory Compliance Costs. In the event that Licensor incurs Regulatory Compliance Costs at the Site during the Term,then, at Licensor's election,Licensee shall pay to Licensor its Pro .to Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor's invoice for same(together with supporting documentation). 5.4 Taxes,Fees and Assessments. Licensee shall pay directly to the applicable Government Entity, or to Licensor if Licensor is invoiced by such Government Entity,if and when due,all taxes,fees, assessments or other charges assessed by such Government Entity against the Equipment or Licensee's use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority,if and when due, any sales,use, ad valorem or other similar taxes or assessments which are assessed or due by TT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 11 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 _ CRO, ,'N CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site reason of this Agreement or Licensee's use of the Site or the Licensed Space. At Licensor's election, Licensee shall also pay to Licensor its Pro Rata Share of all taxes,fees,assessments or charges assessed by any Government Entity against the Site itself or against Licensor's improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually,indicating the amount of the assessment, Licensee's Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee's receipt. 5.5 INTENTIONALLY OMITTED. 6.INTERFERENCE 6.1 Interference to Licensee's Licensed Operations. Licensor agrees that neither Licensor nor Licensor's other licensees or tenants at the Site, whose equipment at the Site is installed or modified subsequently to the installation or Modification of Licensee's Licensed Equipment ("Subsequent Use"), shall permit their equipment to interfere with Licensee's FCC-licensed transmissions or reception in excess of levels permitted by the FCC. In the event that any Subsequent Use causes RF interference to Licensee's FCC-licensed transmissions or reception in excess of levels permitted by the FCC,then(i)Licensee shall notify Licensor in writing of such RF interference, (ii) Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power or cease operations in order to correct and eliminate such RF interference within seventy-two (72) hours after Licensor's receipt of such notice, and (iii) the entity responsible for the Subsequent Use shall be obligated to perform(or cause to be performed)whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference to Licensee's FCC-licensed transmissions or reception. Licensor further agrees that any new licenses or other agreements that Licensor executes with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with.Licensee's operation of its Licensed Equipment following receipt of a notice of such RF interference. 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to,Licensor or other uses of users of the Site (including Pre-Existing Uses) in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all commercially reasonable and necessary steps to determine the cause of and eliminate such RF interference. If the RF interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee's cost, and without liability to Licensor for any inconvenience,disturbance, loss of business or other damage to Licensee as the result of such actions. To the extent allowed by law,Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee's Equipment. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 12 DocuSign Envelope ID:5AD40377-4700-4A96-B43F-12ACOF1OFFE2 t CROW cr.„5, CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 6.3 Interference to Licensee's Unlicensed Operations. Licensee acknowledges that if Licensee's operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site have any duty or obligation to remedyy the interference to such Unlicensed Equipment. Licensee may, after taking all commercially reasonable actions to remedy the interference to the operation of its Unlicensed Equipment,submit a Site Engineering Application to request relocation of such Equipment to another location at the Site. Licensor shall approve the Site Engineering Application if sufficient space and capacity are available at the Site to accommodate such Unlicensed Equipment without interference(physical or electrical)to other users of the Site,as determined by Licensor in its sole judgment. All costs for said relocation shall be the sole responsibility of Licensee. If the Site s, Engineering Application for said relocation is approved by Licensor,all other terms of this Agreement shall continue to apply to such Unlicensed Equipment as relocated and this Agreement shall be amended to reflect such relocation. 7. : LOCATION OF EQU 'MENT ;Y LICENSOR 7.1 Relocation of Equipment at Licenser's Optio . Licensor shall have the right to change the location of the Equipment (including re-location of Equipment on the tower to an elevation used by other licensees,or re-location of Equipment to another tower located or to be constructed on the Site)upon sixty (60) days written notice to Licensee,provided that said change does not,when complete,materially alter the coverage or signal pattern of the Equipment existing prior to the change.Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to Licensee's operations and shall be evidenced by an amendment to this Agreement. 7.2 INTENTIONALLY OMITTED. S. RF EXPOSU'r- 1 Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards. 9. LIENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed,materials furnished or obligations incurred by or at the request of Licensee,including any mortgages or other financing obligations, and shall discharge any such lien filed,in a manner satisfactory to Licensor,within thirty(30)days after Licensee receives written notice from any party that the lien has been filed. TT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 13 0 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 CRO°': CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .TIDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 10. INDEMNIFICATION To the extent allow by law, Licensee shall indemnify, defend and hold Licensor, and Licensor's affiliates,subsidiaries,directors,officers,managers,employees and contractors,harmless from and against any claim, action,damages,liability loss,cost or expense(including reasonable attorney's fees),resulting from or arising out of Licensee's or any of Licensee's contractors', subcontractors', servants', agents' or invitees' use or occupancy of the Site. 11. INSURANCE Licensee shall carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. The liability insurance policies, automobile, commercial general liability, and umbrella shall be endorsed to cover Licensor (and Licensor's manager, as applicable) as an additional insured on a primary and non- contributory basis such that the umbrella liability policy, primary auto liability and commercial general liability all apply as primary with regard to any primary liability insurance maintained by Licensor (and any primary liability insurance maintained by Licensor's manager, as applicable) on a form that does not exclude the concurrent negligence of the additional insured At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee(other than independent contractors of Licensee,which must provide coverage as separately specified by Licensor) shall obtain the following insurance coverage: (i) statutory workers' compensation including employer's liability with the following limits: $1,000,000 per accident;$1,000,000 disease,each employee;and$1,000,000 disease policy limit; (ii)commercial general liability covering bodily injury, death and property damage including, but not limited to, coverage for explosion,collapse and underground exposures(XCU)and products/completed operations with limits not less than$1,000,000 per occurrence,combined single limit with a$2,000,000 general policy aggregate and a separate products/completed operations aggregate of$2,000,000; (iii) automobile liability covering all owned,hired and non-owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of$5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all of Licensee's equipment and improvements at the Site. The commercial general liability limits identified above shall be increased on every tenth (10th) anniversary of this Agreement by twenty-five percent(25%)over the limit of insurance for the immediately preceding ten(10) year period.All insurers will carry a minimum A.M. Best A-(FSC VIII) or equivalent rating and must be licensed to do business in the state where the Site is located. All policies required to be provided pursuant to this section shall contain a waiver of subrogation in favor of Licensor. The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this agreement and at least annually as the policies renew. Any failure on the part of Licensor to request the required certificates of insurance shall not in any way be construed as a waiver of any of the aforesaid insurance requirements. Licensee shall agree to provide a copy of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within two(2)business days of receipt of any cancellation notice of any of the required insurance policies. TT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 14 DocuSign Envelope ID:5AD40377-470D-4A96-643F-12ACOF1OFFE2 C WN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site Notwithstanding the foregoing,it is acknowledged and agreed that Licensee(for itself alone)shall be entitled to self-insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee's customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee's responsibility for claims and liability with value up to the amount of Licensee's self-insured retention,and,if applicable,the existence of Licensee's excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder. 12. CASUALTY OR CONDEMNATION 12.1 Casualty. In the event that the Site,or any part thereof,is damaged by fire or other casualty not caused by Licensee,then Licensor shall have(i)ninety(90)days from the date of damage,if the damage is less than total destruction of the Site, in which to make repairs, and (ii) one hundred and eighty (180) days from date of destruction,if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties,as of the date of partial or complete destruction. If,for any reason whatsoever, Licensee's use of the Site is interrupted due to casualty,Licensee's sole remedy for such interruption of use • shall be abatement of the Basic Payment for the period during which Licensee's use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12.1,Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee's operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. DEFAULT • MEDIES WAIVER OF CONSE1tUENTIAL DA .,GES • Each of the following shall constitute an Event of Default hereunder: (1)Licensee's failure to pay • any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent;(ii)Licensee's engagement of a contractor not approved by Crown Castle to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee's breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above;(iv)Licensee's violation of the Site or tower access limitations in Section 3.2 above; (v)Licensee's failure to stop its Equipment from causing RF interference to Licensor or other pre-existing uses of users of the Site in violation of the requirements of Section 6.2 above; and(vi)either party's failure to cure any breach of any other covenant of such party herein within thirty(30) days after receipt of written notice from the non-breaching party of said breach,provided,however, such thirty(30) day cure period shall be extended upon the breaching party's request if deemed by the non-breaching party to be reasonably necessary to permit the breaching party to complete the cure,and further provided that the breaching party shall commence any cure within the thirty(30)day period and thereafter continuously and TT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 15 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 C%4ff"jt%''' CROWN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site diligently pursue and complete such cure. In the Event of Default by Licensee,upon Licensor's demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive hereunder for the remainder of the then-current Term,and Licensor shall have the right to accelerate and collect said payments,which right is in addition to all other remedies available to Licensor hereunder or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. Licensee agrees that, if any payment to be made under this Agreement is not received by Licensor by the date it is due,Licensee will pay Licensor a late fee of Thirty-Five Dollars($35.00)for each month or partial month that elapses until said payment is received by Licensor. Said amount shall be adjusted as set forth in Section 5.2 above. Imposition of late fees is not a waiver of Licensor's right to declare this Agreement in default if the Basic Payment or any other payment is not made when due. Except as otherwise provided in Section 2.7 above,neither party shall be liable to the other for consequential,indirect,special,punitive or exemplary damages for any cause of action whether in contract,tort or otherwise,hereunder to the extent allowed by law. 14. USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor (in the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice)if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor no later than each January 15th,an annual inventory of its hazardous chemicals on the Site. 15. GOVERNING LAW,VENUE The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this Agreement shall be resolved by mediation or litigation in said state or commonwealth. The period for bringing any dispute related to this Agreement to mediation shall be the same period that would apply under the applicable statute of limitations were such dispute to be brought to litigation. 16. ASSIGNMENT,SUBLEASE,SHARING This Agreement may not be sold, assigned or transferred,in whole or in part,by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Licensor's consent to any such assignment, and Licensee's and the assignee's representations to, and agreements with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor,Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, in whole or in part, either directly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing,Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to the Site by such other government entities,agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above. TT:E 1532037 Prepared by: M.Patton App Rev#: I Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 16 DocuSign Envelope ID:5AD40377-4700-4A96-B43F-12ACOF1OFFE2 C STLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 17. NOTICES Except for notices of access which are to be provided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by(i)established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt,or upon attempted delivery if delivery is refused or if delivery is impossible.The notices shall be sent to the parties at the following addresses: As to Licensee: City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach,FL 33425 Telephone Number: (561)742-6406 As to Licensor: CCATT LLC 2000 Corporate Drive Canonsburg,PA 15317 } Attention: Legal Department Telephone Number: (724)416-2000 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. P l*IME LEASE OR DEED Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit 1) hereto. Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, sublessee,licensee or grantee as set forth in the Prime Lease or Deed to the extent they are applicable to Licensee's access to and use of the Site. 19. TE' X111 ATION • • 19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor's permits to operate the Site as a communications facility is withdrawn or terminated,this Agreement shall terminate effective as of the termination of such Site zoning approval or permit. 19.2 Termination of Prime Lease. If a Prime Lease applies to the Site and the Prime Lease terminates for any reason,this Agreement shall terminate effective as of the termination of the Prime Lease. TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 17 DocuSign Envelope ID:5AD40377-4700-4A95-B43F-12ACOF1OFFE2 , ROW t -k ' CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government - License Identifier: 597888 Type of Site: Crown Site 19.3 Termination in the Event of Default. In the Event of Default by either party (the "defaulting party"),the other party(the"non-defaulting party")may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event of Default, and (ii) in the case of a breach that could have been cured in accordance with Section 13,the defaulting party's failure to cure such breach within the stipulated cure period. The non-defaulting party's right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights and remedies provided to the non-defaulting party by law or under this Agreement. 20. NO WAIVER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21. NON-DISCLOSURE The parties agree that, except to the extent otherwise required by law,without the express written consent of the other party,neither party shall reveal,disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such party's auditor, accountant, lender or attorney or to a Government Entity if required by regulation,subpoena or government order to do so. Notwithstanding the foregoing,either party may disclose the terms of this Agreement to any of its affiliated entities,and Licensor may disclose the terms of this Agreement(or relevant portions thereof) to (i) Landlord, if a Prime Lease applies to the Site,(ii)any of its lenders or creditors,or(iii)third parties that are existing or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation,leasing,licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee's Equipment(if any) installed,or to be installed,on the tower for the purposes of Structural Analysis. 22. SUBORDINATION.NON-DISTURBANCE.,ATTORNMENT 22.1 Subordination. Subject to Section 22.2,this Agreement and Licensee's rights hereunder are and will be subject and subordinate in all respects to: (i)a Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part;(ii)any and all advances to be made thereunder;and(iii)any and all renewals,extensions,modifications,consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that,so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. IT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 18 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 . ~ CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A ME Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 22.3 Liability of Parties. Licensee and Licensor agree(i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; provided, however, that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose,provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement,provided that Licensee does not waive any rights that it may have hereunder to terminate this Agreement, in accordance with its terms, and (ii) Licensee shall attorn to, accept and recognize Lender or any Acquiring Party as the licensor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver,at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. 23. SURRENDER OF LICENSED SPACE,REMOVAL OF EQUIPMENT, REMAINING EQUIPMENT FEE Licensee shall remove all of its Equipment and other personal property from the Site prior to,and shall surrender the Licensed Space upon,the termination or expiration of this Agreement. The removal of Licensee's Equipment and other personal property shall be performed in such a manner as not to interfere with the continuing use of the Site by Licensor and others. Licensee shall, at Licensee's sole expense, promptly repair any damage caused by such removal,reasonable wear and tear excepted,to the Site,to the Licensed Space or to the equipment of any third party on the Site. Should any of Licensee's Equipment or other property remain on the Site after the expiration or termination of this Agreement,then: (i) no tenancy or interest in the Site shall result,and all such Equipment and other property shall be subject to immediate removal; (ii) in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity: (a) Licensee shall,upon demand,pay to Licensor a fee equal to one and one-half(1 %)times the monthly portion of Basic Payment(based on the amount of the Basic Payment at the time of said expiration or termination) for each month or partial month during which any portion of Licensee's Equipment remains at the Site after the expiration or termination of this Agreement, TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 19 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site (b) Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or other property remaining at the Site after the expiration or termination of this Agreement,and (c) Licensee shall indemnify and hold Licensor harmless from and against all claims made against Licensor by any third party founded upon delay by Licensor in delivering possession of the Site to such third party or upon the improper or inadequate condition of the Site,to the extent that such delay or improper or inadequate condition is occasioned by the failure of Licensee to perform its said surrender obligations or timely surrender of the Licensed Space;and (iii)at any time,Licensor shall have the right,but not the obligation,to remove the Equipment or other property and store it,all at Licensee's expense,subject to the following terms: (a) Licensor's liability for any damage to the Equipment or other property occasioned by such removal and storage is expressly waived by Licensee, (b) Equipment so removed shall be returned to Licensee upon payment in full of all removal and storage costs and any other fees owing under this Agreement,plus an administrative charge equal to fifty percent(50%)of the total of said removal and storage costs,and (c) notwithstanding the foregoing,any Equipment not retrieved by Licensee within ninety(90) days after its removal shall be deemed abandoned by Licensee, and shall become the property of Licensor without further action by either party, provided that such abandonment shall not relieve Licensee of liability for the costs of removal, storage and disposal of the Equipment,and Licensee shall reimburse Licensor for the cost of disposing of abandoned Equipment plus an administrative charge equal to fifty percent(50%)of the costs of said disposal. 24. PRIOR AGREEMENT IPP Eft1 The parties hereby agree that this Agreement shall be deemed to have revoked and superseded any Prior Agreement as of the Term Commencement Date, and the terms of this Agreement (together with applicable Laws)shall govern with respect to all matters hereunder occurring on or after said date. 2.5.;.COMPLL. .NC-E:WITH LA ,5 Licensor shall,at Licensor's expense,ensure that the tower structure(if any)operated by Licensor on the Site complies with all applicable Laws,including all rules and regulations promulgated by the FCC and FAA with regard to lighting,marking and painting,except where noncompliance is due to Licensee's, Landlord's,Grantor's or other Site users'negligence or willful misconduct. All installations and operations by Licensee in connection with this Agreement shall meet and comply with all applicable Laws,including all applicable local codes and regulations,and all applicable rules and regulations promulgated by the FCC TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 20 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF10FFE2 CRO t .u. CASTLE Customer Site Name: COBB Util#3 Crown She Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site and the FAA.Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site. 26. :(10uNTt l t,ARTS ADD ELECTRONIC SIGNATURE This Agreement maybe executed byoriginal,facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) and in any number of counterparts which shall be considered one instrument. Counterparts, signed facsimile and electronic copies of this Agreement shall legally bind the parties to the same extent as original documents. [Signature page follows] 'IT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) OecuSi r- Env4 pi:ID 5AD4037.747OD4iA96 842E-12/COF1OFFE2 e .., a CASTLE Customer Site Name: COBB Uti1#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their respective seals on the Effective Date. Licensor Witness CCATT LLC, a Delaware limited liability company 2 7 / / IP B By: I IA - y oner S�a� Print Name: Manager, Print Name: Contract Development Title: La . Date: $ Print Name: LA tt L Liao Licensee Witness City of Boynton Beach By: 4�/ (/!�/ By: ', s _ _. ►. �:� �' Print Name: LORI LAVERRIERE Print Name: IT; L• Stag 'e e CITY MANAGER Title: By: Date: FEBRUARY 2 7, 2 018 Print Name: Q ( ELLI S _ APPROVED A p CITY ATTORNEY TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) r DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF10FFE2 C *Val *.=, CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site EXITERIT A to`°FoIN I*Site.License:Agreemrent, SITE AND ACCESS AREA LEGAL DESCRIPTIONS See Attached fi � 3 { i E ti qz TT:E 1532037 Prepared by: M.Patton App Rev#: 1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOFIOFFE2 An area measuring 107'x 74'and contained within the following parent parcel: v02 heir 'k lar i .e '' oafr ( 4) .. 'ro ;, a"� �44 4) el eds r ��a'41 Z � x , 07 t Map 4 F4-4120iire3 at prtiveCN.. bat-02 t5= xight 010 **0 ,`1.,.*.ba ' cid ti -Lrai wad :..: . a 35g 7c, r;. Lim de id 350 a `s ° .� tO a a bar fid„ ," ` I774 Lim 0E1740 32, E ° ;�� "0°1W 10,0 t0 irg 07a. tr Vs // k k ' of 4 "`b Use &77,x0.011 . < y . 3 , . 0 4 4 23°0 A r of'x. ;' fozrear. ca %°§ , 3 , 71.70 1cL ° 9 0 la, ix. . vith ara2 33..0 d i 5a 'vim. e 310.,02 2@ a lira t Wittffiiftt :`. ri : 1 � ; ' ° 15q43.0 .. 3L0.0 faat tta F a 1OE MID 44 at ralt5, 77.E t t0 t . , • . • • DocuSlon Envelope ID:5/1040377-4700-4A96-843F-12ACOF1OFFE2 • . , • MUM MT , . i i 11...105-1. ... ,,,=,... I 1.,.......---- -..... . I &AVM hal=aim 4...# I I . I ......, .V&OW.r IMO' I1 itwea...7 r . 0 . 1 ..04.1,..... 7 ' 1 o# , ,. t ....__ in ra „ ,,..„.....,„.... .. .:.,,,:,... ,,.........,=.4.,...... , 1 ,.......— .. . . ii. a 1 ,• i =7.,,,._, 3,4 Z...... 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Mt......r.nntrrrar r.artagall 0.11......5 • ......al .2...1 1,,,.."..44.1 `........”— . as.'CM lir&or&a 0.0.001.V...MOW.nal.Wrel a Pima ROW nue go INEMTIOn —.... ....... ,. ....4. ........i...... ..w.c.u...... , " MILO es. t 21.1rie • I WI& 1 tem i , J • • . ( • DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF10FFE2 C OWN CL STLE (se Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .IDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site B to'Traver Site License Agreement. AP 'Q1![PMl See Attached t + P 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 24 CCisitesTM • Crown Castle Online Armliea.tion Page 1 of 3 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOFIOFFE2 } CROWN CASTLE C to, . r ve, 2(1,18 Application FD: 396322 evisian # 9. Submitted: Nov 02. 2©27 Submitted By: Elizabeth Lamb Original Submit Date: Nov 01 2017 Desired Install Date: Jul 04 2017 Reason for Application: First time antenna installation JOE Job Number 446708 at this site Applications are subject to applicable Crown Castle engineering,regulatory,zoning/planning,and priority property-owner approval.Approval conditions may result in alternative requirements for type and/or placement of equipment.Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Company Information Site Information MLA: Stand Alone Agreement-TLA Crown Castle WP12(ABBS) Company: CITY OF BOYNTON BEACH Site Name: Address: 100 E BOYNTON BEACH BLVD Crown Castle 842787 Site IID: City/Town: BOYNTON BEACH Crown Castle State: FL Postal Code: 33425 District: Florida Customer Job N/A Address: 11051 SOUTH MILITARY TRAIL Number: City/Town: BOYNTON BEACH Customer N/A State: FL Postal Code: 33436 Payment Reference: County: Palm Beach Customer Latitude: 26°30'46.476" Longitude: -80°7' 25.992" Site Name: COBB Utit#3 Structure SELF SUPPORT Structure 200 ft Customer Type: Height: Site Number: N/A Legal Entity Information Operating Legal Entity: CITY OF BOYNTON BEACH Primary Contact: Barb Conboy Phone: 561-742-6406 E-mail: conboyb@bbfl.us Fax: 561-742-6298 Address: 124 E Woolright Road City/Town: Boynton Beach State: FL Postal Code: 33435 RF Contact: Waneya Bryant Phone: 561-742-6427 E-mail: bryantw@bbfl.us Project Management Vendor Project management Vendor: TBD Service Information Frequencies • Transmit Receive Svc Technology EIRP(WATTS) Std Frequency Start Stop Start Stop MHa/GHY http://www.ccisites.com/engapplic/AppTrkEngPrint.do?command=View&printMode=true... 1/12/2018 CCIsitesTM : Crnwn Castle Online Annlicatinn Page 2 of 3 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 1 FM Radio 35.0 ESMR-900 935.0 940.0 896.0 901.0 MHZ Antenna information Cust Mount Class/ Leg CAD C LineMountor Mfg./ TransmitTransmiitlteceiveReceive Pos. Mount Elev Level Azimuth Face Model Svc Start Stop Start Stop Use Orient Status A SIDE 135 131.0 90 Leg AMPHENOL1 935.0 940.0 896.0 901.0 TX/RXUprightProposed ARM FT B BCD-8707 MOUNT SIDE ARM MOUNT [SO 201-1] Feedline Information Pos.Customer Mount ClassQty Mfg. Model Length Location Ladder Type Status A SIDE ARM MOUNT 1 Primary: ANDREW N/A AL5-50 N/A 185.0 Internal Leg B None Proposed Secondary: N/A Optional Component Information Tower Mounted Equipment Pos.Customer Mount Class Qty. Mfg. Model Type Elevation Status A SIDE ARM MOUNT N/A N/A N/A N/A N/A N/A Power Requirements VAC Need Crown Power Phase Amps 120 No Single Phase 0 Lease, Pad,and Building Requirements Building Building Id#: N/A Building Type: N/A Length Width Height SQ.Footage Irregular Status SQ.Footage Lease N/A N/A N/A N/A N/A N/A N/A N/A N/A Pad N/A N/A N/A N/A N/A N/A N/A N/A N/A Building N/A N/A N/A N/A N/A N/A N/A N/A N/A Other Pad Requirements Number of Existing Cabinets: 0 Number of Proposed Cabinets: 1 Cabinet Length Width Height SQ. Footage Irregular Status SQ.Footage Lease N/A N/A N/A N/A N/A N/A N/A N/A PRPSD Pad 5ft Oin 5ft Oin 5ft Oin 25.0 N/A PRPSD Cabinet ift 101n 1ft 101n Oft loin 3.36 N/A PRPSD Generator Requirements No generators exist for this application Battery Requirements Is Battery Backup Required? No Type Qty. f4fg. Model N/A 0 N/A N/A http://www.ccisites.com/engapplic/AppTrkEngPrint.do?command=View&printModc=true... 1/12/2018 CCIsitesTM :Crown Castle Online Annlicatinn Page 3 of 3 DocuSign Envelope ID:5AD40377-470D-4A96-843F-12ACOF1OFFE2 N/A 0 N/A N/A Scope of Work/Additional Information Scope of Work: Install omni antenna at 135 feet,Set AFrame on 5'X5'leased area and mount M400 base station onto Aframe mount. Install coax and electric per Crown Castle requirements. **Indicates where Cut Sheet data has been entered. NOTICE: Structural.Analysis shall be performed in accordance with the current revision of the TIA/EIA 222 standard and applicable local building permit codes and standards.EME analysis shall be consistent with current revision of FCC/OSHA standard OETB 65.AM detuning,when required,will be performed to 47 CFR22.371.The customer is responsible for all analysis expenses.All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations.Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense.Crown Castle requires drawings for pre-construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files(Version 20001 preferred). Appendix A-Antenna, Feedline,TM!Specifications Antenna Specifications Quantity Manufacturer Model Type Height. Width Depth Weight Flat Plate Area 1 AMPHENOL BCD-8707 OMNI 85.0 IN 2.6 IN 2.6 IN 20.0 LBS 0.0 IN2 Feedllne Specifications Quantity Manufacturer Model Nominal Size Nominal O.D. 1 ANDREW AL5-50 7/8 1.1 IN http://www.ccisites.com/engapplic/AppTrkEngPrint.do?command=View&printMode—trite... 1/12/2018 ..„.., ,..,. omtnia 17X31.-!3!' ; !$ ; 101.1TIA.71 V Xil/07.04 206,14113141=WC= ,- Thal t1:9200101101.1,1 In 1 a-14wpm!3 0r1, • 001111.VVrid MIA MOS!'1471.11.01 NMI AF:111.0120.11r.10.11. ',0 1 0:17,1004101.V i 11100 1 Mart14,1.174110001111 :1 0a4•081001 i .1; 1 xlmin1.54! 171.110IP= : 1'1 1 11 ! v.c.,lave MUM]• 1 0V023,007,1711V.V.4413 1 ; 1 t . ! 1 , :1 i 1 ., , SY212.1.20.11111.01¢1 IVA , KM ava=01100100111MASS , nivaVa'"7: tr't < = ! v;vta ti H 0 VA I otge,NoiNA013 go Alio W.LLN3 1V031 ONLLVd3d0 00 za-ex -tufrxy zro-gas ffil 112101 taV,IV1 10 MD 0/ V UM MOM ilt.v...VtiniEZIMIOMMIEME141i SEM '1 Veal 11P1=1""nli FOrd,t 4111;ISM UV/ =VA ISM ,11,0: 0000 ELM14 S3 AO=3 II1 m 0004,La us Imp lou i NI 'Mg I use kvas I I, _ Kramg, Ernuom ,,,,,,,, ...,,,,,. 00000000000000 0,.„„mviimmtrers' 1 . • _ ., Z3AAO1.400Nizi•-A143-96114-GOLV-LLEOtrati9:al adopmuR uflisnooa • DowSign Envelope ID:SAD40377-47013-4A95-B43F-12ACCF1OFFE2 CR*\''',"N CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A ME Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site E ' BIT C to Tower Site License Agreement LOCATION AND DIMENSIONS(LENGTH,WIDTH,HEIGHT) OF EQUIPMENT BUILDING/FLOOR SPACE AND ANY OTHER GROUND-BASED INSTALLATION AT THE SITE See Attached TT:E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 25 DocuSign Envelope ID:SAD40377-470D-4A98-B43F-12ACOFI OFFE2 • Dee 22 FT 1122511143 51,122115 22'-- 13'-2• 10,-4- 13'-1- 13'-9- 7 51 � a�_. ._0. + i- — .l 15 1,. S /-L,p8U tt • 15 i II 7•-O'0c1Y-0- I` /I 15.-C` 5.�`A 23 30 FT / H24'A'173-0' _ I-, E '0_`11^4 —Lle,:ojr- t... '0911'-2" f(T11') g. wor,,g!AJ 3'-111'.7` '1_{_( 9 r..-.,-..t_,, Y@@ ,U0t5T FRAME3•-0• r ,3 i (YF ku=r10112 U TANK ON A $ r - -.-.... -}µ6£�i7W13aE—-1 8.-11'.0.-D" 5-0,11-0 2I-11•/11'-a- 11'`9' r ;FIFAi1'-11.322-A" .3 127-11.322-11. i 2 5`-0'E'EN i 1 t� u.4`aza;3i urla ra.eAMRVCW) 011115.4 TAx!t 15 n�bd0-11- (TYa) 0 1 tFFi020220) "t' OY OF C 1-ltr 01111111 V-10-rP-10' L——_—_I GA86HEiT ON A S 7GWft FE6 PAD 14,- ,-tr 1 AREA ,V I I 0 30 •. 15--1, 17-0' 9,-0' 39'-T' .o.. 12'-0- 25--•1r 25 105'-9" "4 10 (00G1101.1113 AIWA) 15 10 5U510ESS WM 812781 Si DocuSign Envelope ID:5AD40377-470D-4A98-1343F-12ACOFIOFFE2 CASTLE } Customer Site Name: COBB Util#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A .1DE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site UM I:>IT D to Tower Site License Agreement PRIME LEASE OR DEED See Attached i 3 ii St ij TJ E 1532037 Prepared by: M.Patton App Rev#:1 Prepared on: 1/12/2018 LRF Rev#:2 Revised on: CR•,WN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT(11-29-2016 version) 26 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 EXECUTION VERSION 11051 South Military Trail,Boynton Beach,FL FA No. 10070049 GROUND LEASE AGREEMENT' STATE OF FLO I tI A (AT&T Fee Site) THIS GROUND LEASE AGREEMENT (the "Agreement") boards and related improvements and structures and uses is made as of the date of the final signature below, by and incidental thereto. between NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (Federal Tax Identification "Lease Term" means a period of ninety-nine (99) years Number/Social Security Number: ) (together with following the Commencement Date of this Agreement. its permitted successors and assigns, "Lessor") and NCWPCS MPL 25 — YEAR S1Tk.S TOWER HOLDINGS LLC, a "Leased Premises" means that portion of Lessor's Delaware limited liability company(together with its permitted Property consisting of a parcel of approximately 7,918 successors and assigns,"Lessee"). square feet and outlined in red and described in Exhibit a$�e 1. Definitions. "Lessee"has the meaning set forth in the Recitals. "Agreement"means this Ground Lease Agreement. "Lessee's Notice Address" means do New Cingular "Approvals" means all certificates, permits, licenses and Wireless PCS, LLC, Attention: Network Real Estate other approvals that Lessee, in its reasonable discretion, Administration, Cell Site Name: Boynton Beach, FL, FA deems necessary for its intended use of the Leased No. 10070049, 575 Morosgo Drive, 13-F West Tower, Premises. Atlanta, GA 30324, with copies to New Cingular Wireless PCS, LLC, Attention: Network Counsel, AT&T Legal "Commencement Date"means December 16,2013. Department, Cell Site Name: Boynton Beach,FL,FA No. 10070049, 208 S. Akard St., Dallas, TX 75202-4206, and "Defaulting Party"has the meaning set forth in Section 21 to AT&T Inc., 208 S. Akard St., Dallas, TX 75202-4206, of this Agreement. Attention: SVP and Assistant General Counsel — Corporate. "Easements"and"Utility Easement"have the meanings set forth in Section 6 of this Agreement. "Lessor"has the meaning set forth in the Recitals. "Hazardous Material" means any substance which is (i) "Lessor's Notice Address" means New Cingular Wireless designated, defined, classified or regulated as a hazardous PCS,LLC,Attention:Network Real Estate Administration, substance, hazardous material, hazardous waste, pollutant Cell Site Name: Boynton Beach, FL, FA No. 10070049, or contaminant under any Environmental Law, as currently 575 Morosgo Drive, 13-F West Tower,Atlanta,GA 30324, in effect or as hereafter amended or enacted, (ii) a with copies to New Cingular Wireless PCS, LLC, petroleum hydrocarbon, including crude oil or any fraction Attention: Network Counsel, AT&T Legal Department, thereof and all petroleum products,(iii)PCBs,(iv)lead,(v) Cell Site Name: Boynton Beach, FL, FA No. 10070049, asbestos, (vi) flammable explosives, (vii) infectious 208 S. Akard St., Dallas, TX 75202-4206, and to AT&T materials, or (viii) radioactive materials. "Environmental Inc., 208 S. Akard St., Dallas, TX 75202-4206, Attention: Law(s)" means the Comprehensive Environmental SVP and Assistant General Counsel—Corporate. Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation "Lessor's Property"means the parcel of land located in the and Recovery Act of 1976, 42 U.S.C. Sections 6901, et City of Boynton Beach, County of Palm Beach, State of seq.,the Toxic Substances Control Act, 15 U.S.C.Sections Florida, owned by Lessor, which includes the Leased 2601,et seq., the Hazardous Materials Transportation Act, Premises,as further described in the instrument recorded in 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 the Office of the Clerk and Comptroller of the County of U.S.C. Sections 1251, et seq., as said laws have been Palm Beach, a copy of said instrument being attached supplemented or amended to date, the regulations hereto as Exhibit"A". promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance "Mortgage"has the meaning set forth in Section 20 of this which regulates or proscribes the use, storage, disposal, Agreement. presence, clean-up, transportation or release or threatened release into the environment of Hazardous Material. "Non-Defaulting Party" has the meaning set forth in Section 21 of this Agreement. "Improvements"means a wireless communications facility, including tower structures, equipment shelters, meter 1 DocuSign Envelope ID:5AD40377-470D-4A96-843F-12ACOF1OFFE2 "Rent" means the consideration payable by Lessee to of Lessor's Property, excluding the Leased Premises); (iii) Lessor in exchange for the Leased Premises in the amount an easement in the location shown with a red arrow in of One Dollar($1). Exhibit "B", for construction, use, maintenance and repair of an access road for ingress and egress seven(7) days per 2. Lessor's Cooperation. During the Lease Term,Lessor week,twenty-four(24)hours per day, for pedestrians and all shall reasonably cooperate with Lessee, at no out-of-pocket types of motor vehicles, to access the nearest public right- cost or expense to Lessor,in Lessee's efforts to obtain all of of-way to the Leased Premises; (iv) a utility easement (the the Approvals, including all appeals. Lessor acknowledges "Utility Easement") in the location shown with a red arrow that Lessee's ability to use the Leased Premises is in Exhibit"B", for the installation,repair,replacement and contingent upon Lessee obtaining and maintaining the maintenance of utility wires, poles, cables, conduits and Approvals. Additionally, Lessor grants to Lessee and its pipes, provided that in the event that any public utility is employees,representatives,agents,and consultants a limited unable or unwilling to use the Utility Easement in the power of attorney to prepare, execute, submit, file and location shown in Exhibit "B" , at the sole option of present on behalf of Lessor building, permitting, zoning or Lessee, Lessor shall grant an alternate easement either to land-use applications with the appropriate local, state and/or Lessee or directly to the public utility at no cost and in a federal agencies necessary to obtain land use changes, location reasonably acceptable to Lessee and the public special exceptions, zoning variances, conditional use utility; and (v) to the extent not in use by Lessor as of the permits, special use permits, administrative permits, Commencement Date, a non-exclusive easement over construction permits, operation permits and/or building Lessor's Property to expand the Leased Premises to a size permits. Lessor understands that any such application not to exceed 10,000 usable square feet, without any and/or the satisfaction of any requirements thereof may additional costs to Lessor and subject to approval by Lessor, require Lessor's reasonable cooperation, which Lessor not to be unreasonably withheld, delayed or conditioned hereby agrees to provide, at no out-of-pocket cost or (collectively, the "Easements"). TO HAVE AND TO expense to Lessor. Lessor shall not knowingly do or permit HOLD the Easements for the purposes provided during the anything that will interfere with or negate any Approvals Lease Term and thereafter for a reasonable period of time pertaining to the Improvements or Leased Premises or cause for Lessee to remove its improvements. them to be in nonconformance with applicable local,state or federal laws. Lessor agrees to execute such documents as 7. Use of Property. The Leased Premises and the may be necessary to obtain and thereafter maintain the Easements shall be used for the purpose of constructing, Approvals,and agrees to be named as the applicant for said maintaining and operating the Improvements and uses Approvals. Lessee shall not apply for or agree to any incidental thereto. Lessee may place a security fence around zoning,permitting or land use change,variance or condition the perimeter of the Leased Premises, the location of which that would adversely affect the use of Lessor's Property shall be subject to Lessor's approval,not to be unreasonably (excluding the Leased Premises) without the prior written withheld. All Improvements shall be constructed at consent of Lessor. Lessee's sole expense. Lessee will maintain the Leased Premises in a safe condition and in accordance with 3. Lease Term. Effective as of the Commencement Date, applicable law. Lessor leases the Leased Premises to Lessee for the Lease Term. 8. Removal of Obstructions. Lessee has the right to remove obstructions from Lessor's Property, including but 4. Rent. Beginning on the Commencement Date,Lessee not limited to vegetation, which may encroach upon, shall pay Rent for the Leased Premises. interfere with or,present a hazard to Lessee's use of the Leased Premises or the Easements. Lessee shall properly 5. Leased Premises. The description of the Leased dispose of any materials removed. Premises is set forth in Exhibit"B". 9. Hazardous Materials. 6. Easements. Conditioned upon and subject to commencement of the Lease Term Lessor grants the (A) Lessee's Obligation and Indemnity. Lessee shall not following easements and rights-of-way over, under and (either with or without negligence) cause the escape, upon Lessor's Property to Lessee, Lessee's employees, disposal or release of any Hazardous Materials on or from agents, contractors, sublessees, licensees and their the Leased Premises in any manner prohibited by law. employees, agents and contractors; (1) an easement over Lessee shall indemnify and hold Lessor harmless from any such portions of Lessor's Property as is reasonably and all claims, damages, fines,judgments,penalties, costs, necessary for the construction, repair, maintenance, liabilities or losses (including, without limitation, any and replacement, demolition and removal of the facility to be all sums paid for settlement of claims, attorneys' fees,and located upon Leased Premises (provided that the same shall consultants' and experts' fees) from the release of any not unreasonably adversely affect the use of Lessor's Hazardous Materials on the Leased Premises if caused by Property, excluding the Leased Premises); (ii) an easement Lessee or persons acting under Lessee. over such portion of Lessor's Property as is reasonably necessary to obtain or comply with any Approvals(provided (B) Lessor's Obligation and Indemnity. Lessor shall not that the same shall not unreasonably adversely affect the use (either with or without negligence) cause the escape, 2 DocuSign Envelope ID:5AD40377-4700-4A96-B43F-12ACOF1 OFFE2 disposal or release of any Hazardous Materials on or from Lessor's Property or the Leased Premises in any manner 14. Sale of Property. If Lessor sells any part of Lessor's prohibited by law. Lessor shall indemnify and hold Lessee Property of which the Leased Premises is a part, then such harmless from any and all claims, damages, fines, sale shall be subject to this Agreement. judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of 15. Surrender of Property. Upon expiration or claims, attorneys' fees, and consultants' and experts' fees) termination of this Agreement, Lessee shall, within a from the presence or release of any Hazardous Materials on reasonable time, remove all above-ground Improvements Lessor's Property or the Leased'Premises unless caused by (including the existing tower on the Leased Premises as of Lessee or persons acting under Lessee, the Commencement Date) and restore the Leased Premises as nearly as reasonably possible to its original condition, in (C) Compliance with Laws. Lessor and Lessee agree that each case as reasonably requested by Lessor, without, each will be responsible for compliance with any and all however,being required to replace any trees or other plants applicable governmental laws, rules, statutes, regulations, removed,or alter the then existing grading. codes, ordinances,or principles of common law regulating or imposing standards of liability or standards of conduct 16. Hold Harmless. Each party shall indemnify and with regard to protection of the environment or worker defend the other party against, and hold the other party health and safety,as may now or at any time hereafter be in harmless from, any claim of liability or loss from personal effect, to the extent such apply to that party's activity injury or property damage arising from the use and conducted in or on the Lessor's Property or the Leased occupancy of the Leased Premises or Lessor's Property by Premises. The indemnifications of this Section 9 such indemnifying party, its employees, contractors, specifically include reasonable costs, expenses and fees servants or agents, except to the extent such claims are incurred in connection with any investigation of Lessor's caused by the intentional misconduct or negligent acts or Property or the Leased Property conditions or any clean- omissions of the other party, its employees, contractors, up, remediation, removal or restoration work required by servants or agents. any governmental authority. The provisions of this Section 9 will survive the expiration or termination of this I7. Lessor's Covenant of Title. Lessor covenants that Agreement. Lessor holds good and marketable fee simple title to Lessor's Property and the Leased Premises and has full 10. Real Estate Taxes. Lessor shall pay all real estate authority to enter into and execute this Agreement. Lessor taxes on Lessor's Property. further covenants that there are no encumbrances or other impediments of title that might interfere with or be adverse 11. Insurance. Lessee, at its sole expense, shall obtain or to Lessee. cause to be obtained and keep or cause to be kept in force insurance which may be required by any applicable federal, 18. Interference. Lessor agrees that it will not permit the state or local statute or ordinance of any governmental body construction, installation or operation on Lessor's Property having jurisdiction in connection with the operation of of any additional wireless communications tower or similar Lessee's business upon the Leased Premises. structure. The covenant made by Lessor in this Section is a covenant running with the land for the benefit of the Leased 12. Waiver of Claims and Rights of Subrogation. The Premises. parties hereby waive any and all rights of action for negligence against the other on account of damage to the 19. Ouiet Enjoyment. Lessor covenants that Lessee, on Improvements,Lessor's Property or to the Leased Premises paying Rent and performing the covenants of this resulting from any fire or other casualty of the kind covered Agreement, shall peaceably and quietly have, hold and by property insurance policies with extended coverage, enjoy the Leased Premises and Easements. regardless of whether or not, or in what amount, such insurance is carried by the parties. All policies of property 20. Mortgages. This Agreement, Lessee's leasehold insurance carried by either party for the Improvements, interest and the Easements, shall be subordinate to any Lessor's Property or the Leased Premises shall include a mortgage, deed of trust, pledge or other security interest in clause or endorsement denying to the insurer rights by way the Property given by Lessor (each a "Mortgage") which, of subrogation against the other party to the extent rights from time to time,may encumber all or a portion of Lessor's have been waived by the insured before the occurrence of Property, including the Leased Premises; provided, injury or loss. however that the holder of any such Mortgage shall recognize (i)the validity of this Agreement in the event of 13. Eminent Domain. If Lessor receives notice of a foreclosure of any interest(s) in Lessor's Property and (ii) proposed taking by eminent domain of any part of the Lessee's right to occupy the Property, including any rights Leased Premises or the Easements, Lessor will notify of access and/or utilities related thereto. Simultaneously Lessee of the proposed taking within ten (10) days of with the execution of this Agreement,Lessor,at its sole cost receiving said notice, and this Agreement will terminate if and expense, shall obtain and furnish to Lessee a non- and only if the MPL terminates with respect to the disturbance agreement, in recordable form, reasonably applicable site pursuant to Section 36 of the MPL. acceptable to Lessee for any such Mortgage currently 3 DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 encumbering all or a portion of the Leased Premises. 23. Lessor's Waiver. Lessor hereby waives and releases Following the full execution of this Agreement and prior to any and all liens, whether statutory or under common law, the recordation of this Agreement,Lessor shall, if requested with respect to any of Lessee's property now or hereafter by Lessee, use commercially reasonable efforts to obtain located on the Leased Premises. and furnish to Lessee a non-disturbance agreement, in recordable form, reasonably acceptable to Lessee for any 24. Applicable Law. This Agreement and the perfarmance subsequent Mortgage that may encumber all or a portion of thereof shall be governed, interpreted, construed and the Lessor's Property, including the Leased Premises, at regulated by the laws of the State where the Leased Lessor's sole cost and expense. Premises is located. The parties agree that the venue for any litigation regarding this Agreement shall be the court of 21. Default. general jurisdiction in the county in which the Leased Premises are located. (A) Notice of Default;Cure Period. In the event that there is a default by Lessor or Lessee (the "Defaulting Party") 25. Assignment, Sublease, Licensing and Encumbrance. with respect to any of the provisions of this Agreement or Lessee has the right, at its sole discretion, to assign its Lessor's or Lessee's obligations under this Agreement,the interest in this Agreement and to sublease or license use of other party (the "Non-Defaulting Party") shall give the the Leased Premises, Easements and Improvements. Defaulting Party written notice of such default. After Assignment of this Agreement by Lessee shall be effective receipt of such written notice, the Defaulting Party shall upon Lessee sending written notice to Lessor and shall have thirty(30)days in which to cure any monetary default relieve Lessee from any further liability or obligation. and sixty (60) days in which to cure any non-monetary Lessee has the further right to pledge or encumber its default. The Defaulting Party shall have such extended interest in this Agreement. Upon request to Lessor from any periods as may be required beyond the sixty(60) day cure leasehold mortgagee, Lessor agrees to give the holder of period to cure any non-monetary default if the nature of the such leasehold mortgage written notice of any default by cure is such that it reasonably requires more than sixty(60) Lessee and an opportunity to cure any such default within days to cure, and Defaulting Party commences the cure fifteen(15)days after such notice with respect to monetary within the sixty(60)day period and thereafter continuously defaults and within a commercially reasonable period of and diligently pursues the cure to completion. The Non- time after such notice with respect to any non-monetary Defaulting Party may not maintain any action or effect any default. remedies for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same 26. Other Agreements. Nothing in this Agreement is within the time periods provided in this Section. intended to amend, modify or supersede any provision of any agreement between the parties or their respective (B) Consequences of Lessee's Default. In the event that affiliates, including, without limitation, either that certain Lessor maintains any action or effects any remedies for Master Agreement, dated as of October 18, 2013, by and default against Lessee, resulting in Lessee's dispossession among AT&T Inc., Crown Castle International Corp., or removal,(i)the Rent shall be paid up to the date of such Lessee and certain of their affiliates, or any "Collateral dispossession or removal and(ii)Lessor shall be entitled to Agreement" (as defined in the Master Agreement). This recover from Lessee, in lieu of any other damages, as Agreement is entered into in connection with such liquidated,final damages,a sum equal to the Rent. agreements. (C) Consequences of Lessor's Default. In the event that 27. Miscellaneous. Lessor is in default beyond the applicable periods set forth above, Lessee may, at its option, upon written notice: (i) Recording. Lessee shall have the right to record a perform the obligation(s) of Lessor specified in such memorandum of this Agreement reasonably satisfactory to notice,in which case any expenditures reasonably made by Lessor with the appropriate recording officer. Lessor shall Lessee in so doing shall be deemed paid for the account of execute and deliver such a memorandum,for no additional Lessor and Lessor agrees to reimburse Lessee for said consideration,promptly upon Lessee's request. expenditures upon demand; (ii) take any actions that are consistent with Lessee's rights; or (iii) sue for injunctive Entire Agreement. Lessor and Lessee agree that this relief, and/or sue for specific performance, and/or set-off Agreement contains all of the agreements, promises and from Rent any amount reasonably expended by Lessee as a understandings between Lessor and Lessee. No oral result of such default. agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute,controversy or 22. Limitation on Damages. In no event shall either party proceeding at law. Any addition,variation or modification be liable to the other party for consequential, indirect, to this Agreement shall be void and ineffective unless speculative or punitive damages in connection with or made in writing and signed by the parties hereto. arising from this Agreement, or the use of the Leased Premises,Easements,and/or Utility Easement. Captions. The captions preceding the Sections of this Agreement are intended only for convenience of reference 4 DocuSign Envelope ID:5AD40377-470D-4A98-B43F-12ACOF1OFFE2 and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter and that this Agreement shall not be construed as a binding offer until signed by Lessee. Notices. All notices hereunder shall be in writing and shall be given by (1) established national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice Address and to Lessee at Lessee's Notice Address. Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 5 • DocuSign Envelope ID:5AD40377-470D-4A86-1343F-12ACOF10FFE2 IN WITNESS WHEREOF, Lessor and Lessee having read the foregoing and intending to be legally bound hereby. have executed this Agreement as of the day and year this Agreement is fully executed. LESSOR: NEW CINGULAR WIRELESS PCS.LLC By: AT .T `.., v C; oration,its Manager Name:.... ,,„ ....Th t)fit ... `title:Asststani Secretary Witness: '---A,L4.... — s or ip A A. �J S/; STATE OF TEXAS ) COUNTY OF DALLAS ) On this day personally appeared before me IC/ALt` 00CL ,to me known to be the individual(s)described in and who executed the within and foregoing instrument,and ackndwledged that he/she/they signed the same as his/her:/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and seal of office this day of pta j of 2013. L.di,.17_, ,',' .4Le IiiiC4L..... �;�p:i° TAMARA KETTERING i Notmy Public residing at r t:°. .44. Notary Public.Sttatr3 of Texas ..e. a „ ;� My Commission Expires Printed Name: ! `¢ `_ .� •" - j,,„ May 15, 2017 My Commission Expires: 1:7:2,16,z7_ [Signatures continued on following page] IAF&I Signature Page to Reserved Proper lease 13o}nton Beach.11.1 DocuSign Envelope ID:5AD40377-4700-4A96-B43F-12ACOF10FFE2 LESSEE: NCWPCS MPI,25-YEAR SITES TOWER HOLDINGS LLC By: AT&T . '. mration.its Manager Name: ATA.c.tiojx.11101.50cd Title:Assistant Secretary ' Witness:_ ``r kre STATE OF TEXAS ) k n . to a, i COUNTY OF DALLAS ) On this day personally appeared before me j,[`i es . ,to me known to be the individual{s)described in and who executed the within and foregoing instrument,and ac• owledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and seal of office this _ day of Psee :_.:bey' ,2013. Y Oil.. C ',;: __d„r ,e', . _..,_ Notaty Public residing at f TAMARA NA a�. V= iryiory Putrlie.Stole of texas Printed Name: _' Ale' :' jiri My comrnlsattat+�xy�ltes My Commission Expires: 5;16 e _ IAI&I Signature Page to Resenedi'rtbprrt3•1,.ease foantan Bead. FLA DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 EXHIBIT"A" Copy of Lift Station Easement Agreement (Attached.) ;514642 21.105822 Pm corm; 'ted mous 0 30 24ascl ors eta own atrimbld 1.c t 04 M @!ae ltFga A i ' tlou i °i3 'T mg ° IF3 30 IST 4"' � `.. 1 , • <4 ,9 1 to 'ammo; 06T a pm .� ' P um 30 And t ao• s • qpo t84 t�wooer" 'c=Toad Ape attg3 0; ' T 1 T #Me uF�Ei'�Ia4 4 • lopiq mom Piu t T' � 'cuuluzad r PT t14 Q mp scouutemodde we wog= , �L RMV w e 8348/2 •elm aepteurs .f t 30 noresauva 170u su0T101014.004 Oa. i dCr 1144 0:3 4203 0'LL 's£Elorapas Pm 10 Wolf rep 6e:ot wiz 't+ q I OT 'i0*'t inaCa 2Cr4 ea 0 OT£WM ntb.St 0 t .£ ',, :SC u0t4p0S pm 3o aurgwaa ma (74 Said' 74 , +u) i0 ;007W i 0'09 e IOTA tatt2d ` 2Tt0 � almm30'LEWIDAu6b•Lt moulbmp&s winog 'Zi . .. co' -am j aommerp O 'c c ippon Pp ,te �0�g1.4�/yy�Isqy ma` • • �_ *3 p2 11122? i!b �p� g VW 0'f£ fi.'"`. `r4TA Tat`' "'4 'V`.T 2 r' ° 'iR3 A°tb°SV O WIGS '1 �� '^ ' �_`. 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' •9 id U:59 ' :.O • • 6DL9 I Z--O6.dii'i:Z®b666^LZ-•i!' • •'' ,k' t � , _ _ __ - Z3ddOHOOVC3•dE3.9-96W4-CIOLb-LLC064H9:G ado(enu3 ut3ign0o0 DocuSign EnvelopeID:SAD40377-470D-4A96-1343F-12ACOF1OFFE2 A • , ...,......,.......,....,...../.,•....m.v.`r.aviv°PCJI:'f':oreer.-m:"e:rieseskein°e ° S" ': ,.%.,', .,:'*:e... ..`?' n ..a #' !.....49.111 ...; '.. 41 w - 0'c: 65.'3 1 PO 1 l�.7 i .. . • .. % u a , . , j 111 iIPI VITNESS SHER:'.P the party of the first,part has hereto nit ire hind and ;1 , real. or if torporare, has oauead this intent to be signsd.in Lee Corporate ' name by its duly authorised officers and its tee to be hoteunto affixed by ,`, authority of,its Board of Directors, thin the day of 74,4(1.11... , 1990.• 1 i . 1r Vitnes ,�yam"k.' .�.�:` ' A T4T I TI S. INC.. pe 1,1 '``'..,i agggnt•••AR Xc4LR22i K Corporate Owe V'{ . • (Seal) BY:EY: t N'ti ii i. 4 I W. Carroll r ` 1Vi• President J rNnnnnn„ 0'7—)�. • �+'`0q t yY Attest: . '•I. of 7.,"--"..",•1' :,ti.,, 0 >, t. Mil lq,r .1^' ~ L."1 a� i5 .�C� seistant Secretary 1, ' ° OrantoJ. �oJ.�`l o , AT&T•Co uniceclone, Inc. Telephone Co. g Florid* 401 W. Peaachtrel St., N.E. 0420 northwest 23rd Avenue 1 •1 Atlanta, Georgia 30300 ,.Ec, Lauderdale, Ftor1de 33311 ATTN: L.E. McKelvey �' 3 : IanJamin Nahr 1,, S kr State off90 4 " e - �:s s County of r I 4!1 e ` . I hereby certify that on this day before me, an officoi duly suthorixod In � the state aforesaid and the county aforesaid to take acknouladgements, personally 14 appeared %k J. Carroll . to ere knots and known to be the person described in and ). who executed the foregoing instrument as vice President of the corporation named :; therein, and personally acknoeledged before ao that he executed the same es an officer in the name and on behalf of said Corporacion. i. ,�: a :.e1 �.,.: 1900: . ..d. Given under by hand and seal th,d day of j #� "'f ri I el Como him mow 17.not �No Public , d e •... spa..,••'.." • $., p, This instrument prepared by: ~..� Larry E. Ilcitelvey. Esq. Ate,onnIaliffilie} .' American Telephone i Telegraph Co. PALMBEACH COMM,RIA f�` 403 W. Peachtree St., N.E. AllniM.OUNKLM Atlasts, Ci 30308CILEINICIRCUIT Com . • 1 Y I -tr:IT"B >, , __••••••,•• DocuSign Envelope E ID:5AD40377-470D-4A96-B43F-12ACOF1OFFE2 - . -...,:11"t.."": .._: ......,,',74 17-4-1.-, , , 1 •...,,- _ 1 ....• ---,',.:-. ;,:...7..„.,?14..."'''.4::. ' ii•Vit tiiii ' .t%14 '''''''744 4-11 --1"....*„.‘"•* '''' , . ,,,i-----i---1 ,4;. ir - , Z,4 :'114 '''•# .,-. ' ,''Iv!, •—•=. '';, -',/$'44* ,'I ,,,' - ' ,Mr" '.--r1Wr'''''' '''. " 4' ^. ' '' '...71 '.•:41.1'.. ...- ",...'i if.,W °./,' ,„..''1) : 1.''''';':.*-- r'', M4, ?ii .; 4:1L1:10 '--"r4-,W4,4"iTtt, t',,, 4.,,•=144'r .. !,=- = ' 1? -,:-6,4 = 1:-4,0'.' ---,-...•=1 .),,,ikorrkt,,.:4,,,,,,k;0 7,..„--t ,A i•,,,,,144....15.,•%',„••••=-, iv,- ,' --'•,.if.,-. "...,..•0••,-..-.• •44.• ; , g -° -,.,,. 1,` --410t,s., ,,,,.,s,-:,,,--.1,,N,. ,.;' :.;-- - %, -,' ,,,-;‘,..., •,,-4, -. ,, . - . . ,, ,,,, . -,,,I, r_1 . , ' :-.7-1,4c.;',,,,,,-.., ''''1,,k4"-4'-"".. . ' 4. '71"'"7..r: .4 -'•-?...L., t-._ ` '' '''' ; '•"-',.'. .'L•viq.."'°,' Dat" .. : ,4- ,-1-,' Teeee.el l ,„..., iii?,:s*N4 -',-, 4, .." -k- .: , '' 7' lit' '' i • - 1.4•04-'1,;',.‘14,••••=l;.4,1,1 .:•=:-„!',!-'1,•?•=•15`,-tpj,,,r,..•:-...-...,••-=-i•iit,...3K-7..-zfr,c•'"', . ,,,- .. I ','-'t:,,.rizi.::.' 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Red maw 11 —tot--Tra in 16-20'th mi" / 74 feet as seen approximately 11051 Boo Yituntely 107 x lot and is Premises is ttpPreo----- ,__ arkiiig Leased Prom- 'sting P • on map. the on lid red line site through so other carriers on the is the same as Access ROW- 2 •idicates access to DocuSign Envelope ID:5AD40377-470D-4A96-B43F-12ACOF1 OFFE2 If new fencing is required to separate the tower compound from the portion of Lessor's Property that is not the Leased Premises as of the date hereof and/or from the surrounding area that is not Lessor's Property, then Lessor shall complete placement of such new fencing within ninety (90) days after the receipt of any necessary third-party permits or approvals (and shall use commercially reasonable efforts to obtain all such permits or approvals after the Commencement Date). For clarity,Lessor shall have no obligation to modify existing fencing surrounding the tower compound solely to align with the boundaries of the Leased Premises or to accommodate future expansion of the Leased Premises. In the event that either Lessor or Lessee shall obtain a survey for Leased Premises after the date hereof, provided that such survey is approved by both parties(such approval not to be unreasonably withheld, delayed or conditioned),then the parties shall supplement and/or replace the drawing on this Exhibit B with such survey. 3