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HomeMy WebLinkAboutAgreement A-22-541 License Agreement for Deadwood Peak - Massetti 2.pdf DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Agreement No. 22-541 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown TOWER SITE LICENSE AGREEMENT (LICENSE FOR USE OF TOWER SPACE ONLY) THIS TOWER SITE LICENSE AGREEMENT(this"Agreement")is entered into as of this (the "Effective Date"), between Crown Castle Towers 06-2 LLC, a Delaware limited liability company, with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ("Licensor"), and County of Fresno, a political subdivision of the State of California, located at 333 W Pontiac Way Clovis, CA 93612("Licensee"). 1. DEFINITIONS 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. "Adjustment Date"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 avoid disturbance of an AM radio station signal pattern. "AM Detuning 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. "Base Fee"means the then-current Basic Payment or other fee, as applicable. "Basic Payment" 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 1 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown "Basic Payment Commencement Date"means July 1,2020. "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 Date"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). "Deed" 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). "Equipment" 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. "Event of Default" 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. "Government Entity" means any federal, state or local governmental unit or agency TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 2 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 Two Thousand Five Hundred and 00/100 Dollars($2,500.00)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 Standards"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. "Laws" 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 license,to the extent that such equipment is transmitting or receiving signals within such frequencies. "Licensed Space"means that portion of the Site that is licensed to Licensee hereunder. "Licensee" means the parry named as "Licensee" in the first paragraph hereof and its successors-in-interest. "Licensor" means the parry named as "Licensor" in the first paragraph hereof and its successors-in-interest. "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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 3 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 Five Hundred and 00/100 Dollars ($500.00) to defray Licensor's costs incurred in 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. "Prime Lease"means the lease(s), sublease(s),or other similar prior agreement(s)from 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. "RF"means radio frequency. "Security Instrument"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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 4 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown "Services 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" 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. "Site Application Fee" 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 B. "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. "Term"means the term of this Agreement, as set forth in Section 4 below. "Term Commencement Date"means July 1,2020. "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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 5 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown "Unlicensed Equipment" 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,EQUIPMENT,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 community of Oakhurst,the County of Madera, and the State of California,which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. 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 B 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 B 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 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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 6 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 Chan.ei�n 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. 2.2.3 Acknowledgement of Use of Licensee's Existing Ground Space. Licensee acknowledges that it intends to install, operate and maintain its ground-based equipment(i.e., Licensee's radios, radio shelter or cabinet, and related transmission and reception hardware and software, and other ground-based personal property)on certain real property that is(i)permitted pursuant to other co- location agreements between Licensee and Licensor and (ii) located adjacent/near to the Site at either Business Unit No. 820808 or Business Unit No. 820810. To the extent that information regarding the location of Licensee's equipment shelter or cabinet and generator(if any)is provided to Licensor,then a Site Plan(or other documentation) showing the location of such ground-based equipment may be attached hereto as Exhibit C. Notwithstanding the foregoing, if said other co- location agreements terminate or expire prior to the termination or expiration of this Agreement, then Licensee's right to use the ground space in connection with this Agreement shall terminate upon the termination or expiration of said other co-location agreements,unless the parties execute an amendment to this Agreement upon terms mutually agreed to by the parties,which amendment shall include terms expanding the Licensed Space to include the ground space on which the ground space is located, so that Licensee may continue to operate and maintain the ground space thereon. Such license of ground space shall warrant an increase to the Basic Payment due hereunder. 2.3 Application for Modifications. 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 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's Director of Internal Services/Chief Information Officer (CIO) or designee is authorized to execute amendments on behalf of Licensee. Licensee agrees that any Modification, or change in Licensee's use of the Licensed Space, as TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 7 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 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 (180) 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 8 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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. 2.7 Licensor's Remedies 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, and Licensee fails to remedy this breach within thirty(30) days, 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 two (2) 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 Acceptance 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,ZONING APPROVAL,UTILITIES 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and 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 twenty-four (24) hour per day,seven(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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 9 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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; Safety of 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. 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 10 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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) years, ending 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 three (3) renewal periods of five (5) years each unless either party provides written notice to the other of its election not to renew the Term,at least ninety(90) days prior to the Current Term Expiration Date;provided,however,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(i) if all possible renewal periods have not been exhausted,such non-renewal notice shall be deemed to be invalid and have no force and effect, and this Agreement shall be deemed to have continued for an additional renewal period in accordance with this Section 4.2, as of the Current Term Expiration Date, and(ii) if all possible renewal periods have been exhausted, 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 ortermination 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. CONSIDERATION 5.1 Basic Payment.Licensee shall pay to Licensor Four Thousand Three Hundred and 00/100 Dollars ($4,300.00) 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 Crown Castle Towers 06-2 LLC, PO Box 301439, Dallas, TX 75303-1439. Licensee shall include the JDE Business Unit No. 820809 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 and one-half percent(3.5%). 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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 11 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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%). 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 Rata 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, as designated by Licensor, if and when due, any sales,use, ad valorem or other similar taxes or assessments which are assessed or due by 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. 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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 12 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 unreasonable RF interference caused by Licensee's Equipment. 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 remedy 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 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. RELOCATION OF EQUIPMENT BY LICENSOR 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. 8. RF EXPOSURE 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 13 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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. 10. INDEMNIFICATION To the extent allowed 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. Licensor agrees that this Agreement shall in no way act to abrogate or waive any immunities available to Licensee under the Tort Claims Act of the State of California. To the extent allowed by law, Licensor shall indemnify, defend and hold Licensee, and Licensee'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 Licensor's or any of Licensor's contractors', subcontractors', servants', agents' or invitees' negligence or misconduct in its operation or maintenance 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 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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 14 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown covering all of Licensee's equipment and improvements at the Site. Licensor reserves the right, no more than once every ten (10) years, to require reasonable increases in the commercial general liability limits identified above, which increases shall be reflective of then-current industry exposures. Licensor shall exercise such right by providing written notice thereof to Licensee, in which event Licensee shall become compliant within thirty(30) days after receipt of written notice of the subject increases to such limits. 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 11 shall contain a waiver of subrogation in favor of Licensor(and Licensor's manager, as applicable). 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 provide copies of said policies upon receipt of written request by Licensor.Licensee agrees to provide notice to Licensor within fifteen(15)days of receipt of any cancellation notice of any of the required insurance policies. 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. Such self-insurance shall respond in the same manner that the required insurance policies would have if the Licensee had purchased insurance in the standard insurance market. 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 15 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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,REMEDIES,WAIVER OF CONSEQUENTIAL DAMAGES Each of the following shall constitute an Event of Default hereunder:(i)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 parry 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 diligently pursue and complete such cure. 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. Notwithstanding anything to the contrary contained herein this Agreement or any right or remedy of which Licensor may otherwise avail itself pursuant to applicable law, any right of Licensor to recover any rent as provided in this Agreement shall be without acceleration of any future rent before it is due and payable hereunder.Licensor hereby expressly waives its right to accelerate rent in the event of a termination of this Agreement,pursuant to California Civil Code section 1951.2. 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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 16 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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. 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: County of Fresno Attention: Lease Manager 333 W Pontiac Way Clovis, CA 93612 Phone: (559) 600-6200 FAX: (559)457-1002 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 17 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown As to Licensor: Crown Castle Towers 06-2 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. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,beginning with section 810). 18. PRIME LEASE OR DEED Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime Lease or Deed, which is the Grant of Easements, dated June 25, 2015, attached as Exhibit D hereto. Licensee agrees that if any material provisions of the Grant of Easements regarding Licensee's access to and use of the Site conflict with this Agreement,the material provisions of the Grant of Easements shall prevail. 19. TERMINATION 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. 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 parry'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. 19.4 Non-Allocation of Funds. This Agreement is contingent on the approval of funds to be used by Licensee for the purposes described in this Agreement by Licensor's governing body. Notwithstanding anything herein to the contrary, should funds not be appropriated to Licensee for the purpose of enabling Licensee to continue to meet its obligations under this Agreement,then this Agreement TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 18 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown may thereafter be terminated by Licensee without penalty,by Licensee's CIO,or their designee,at any time by giving Licensor one hundred eighty(180) days advance written notice. 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 Intentionally Omitted. 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(i)that the right of occupancy of the Site and all other rights of Licensee pursuant to the terms and conditions 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, and (ii) Lender shall (and shall cause any purchaser of the Site to) unconditionally recognize and accept Licensee as the licensee under all of the terms and conditions of this Agreement (giving full credit under the Agreement to Licensee for all rents paid by Licensee to Licensor), including Licensee's right to use, occupancy of the Site, and all other rights and remedies of Licensee provided herein for the then-remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. 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, (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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 19 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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 provided that such instrument also provides to Licensee the non- disturbance provisions of Section 22.2 hereof. 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 '/2)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, (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 TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 20 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown 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. COMPLIANCE WITH LAWS 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 and the FAA.Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site. Licensor acknowledges and agrees that if this Agreement exceeds ten thousand dollars($10,000),Licensor shall be subject to the examination and audit procedures of the California State Auditor for a period of three(3)years after final payment under contract, as further described in California Government Code §8546.7. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE This Agreement may be executed by original,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. TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 21 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identitier:825328 Type of Site: Crown IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their respective seals on the Effective Date. Licensee: Licensor COUNTY OF FRESNO, Crown Castle Towers 06-2 LLC a California municipal corporation a Delaware limited liability company BY. k t'L By: DocuSigned by: ade�.e�.Cann.i.�tine.- �i Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno Name: Christine Ri ederer Title: Program Manager, Contract Development ATTEST: Bernice E. Seidel, Clerk of the Board of Supervisors, County of Fresno, State of California ktA�- �� By: Deputy For accounting use only: Org No.: 8905 Account No.: 7340 Fund No.: 1020 Subclass No.: 10000 TT:E 1532037SR Prepared by: C.Stinson App Rev#: I Prepared on:September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 23 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown EXHIBIT A to Tower Site License Agreement SITE AND ACCESS AREA LEGAL DESCRIPTIONS See Attached TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 24 DocuSign Envelope ID: 8923E37E-2875-46D1-8DDB-6C26E4BD41D4 ALL THAT PORTION OF THE NORTHWEST % OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST. MOUNT DIABLO BASE AND MERIDIAN, MADERA COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST % OF THE NORTHEAST % OF THE NORTHWEST % OF SAID SECTION 21, SHOWN AS A %" IRON PIPE LS 2737 ON RECORD OF SURVEY FILED IN BOOK 52 OF MAPS AT PAGE 149 OF MADERA COUNTY RECORDS; THENCE N03050'56"W 9.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST % OF THE NORTHWEST % OF THE NORTHWEST % OF SAID SECTION 21, N88°03'48"W 132.73 FEET; THENCE N00°08'21"W 41.20 FEET; THENCE S89013'47"E 174.69 FEET; THENCE S58°23'06"E 57.87 FEET; THENCE S87°45'57"E 238.44 FEET; THENCE S0201448"W 24.43 FEETTO SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE, N88003'07"W 280.92, THENCE LEAVING SAID SOUTH LINE, N0000639"E 9.50 FEET; THENCE PARALLEL WITH SAID SOUTH LINE, N88003'07"W 47.79 FEET TO THE POINT OF BEGINNING. CONTAINING 0.35 ACRES MORE OR LESS DocuSign Envelope ID: 8923E37E-2875-46D1-8DDB-6C26E4BD41D4 An existing right of way through the following parent parcel, extending from the nearest public right of way identified as Dead Lookout Road: PARCEL I: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST M.D.B. & M., ACCORDING TO THE OFFICIAL PLAT THEREOF. TAX I.D. NUMBER: 064-100-024 PARCEL II: THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST M.D.B. &M., ACCORDING TO THE OFFICIAL PLAT THEREOF, MADERA COUNTY RECORDS. TAX I.D. NUMBER: 055-220-023 BEING THE SAME PROPERTY CONVEYED TO FRED C. MASSETTI AND DIANE J. MASSETTI, TRUSTEES OF THE FRED AND DIANE MASSETTI FAMILY TRUST OF 2008, GRANTEE, FROM FRED C. MASSETTI AND DIANE J. MASSETTI, HUSBAND AND WIFE, GRANTOR, BY DEED RECORDED 07/14/2008, AS INSTRUMENT NO. 2008024068 OF THE COUNTY RECORDS. 11`x M cl- Ir I CF onao UO 7O t0 1 1 z 1 � < r u eq r N it I: w9 j Z I'a x 1• SO WLLZ W � W JJ r 1 � w�Wr 'b f ZN> �Ja .W ZZ �( Z 3W 2 J H W2p W 1 �'•1 LLa ZS ~F0- apww a ak 1 gm0ZwO=OZ ~w2 r Lr,LLZSrOvaiw ww�W 1 1 y-o�W F°AD Q UZl^ W J W 1 a 1 OIZ H 1f1 ZJ V) Qtn FN 1 FayQ LL��W�ppo J`>`�F ooK �w�LLp F O W Zd'VI Y' •� rc {� 2 dOr NWW VO N- ww3wJ : 4 On LL cr W U ;{{ Z Q� zr 1 0 O W LL T K Q dLr �Q� 1 X t •2 j 1i 1 �y��Q UN}}~yE W o ZO=ppp W cD U w�LL~Z W Q LOUa < 1 fV J K aLwoai o s �• 2 ,I JI-�Z wZ IL W 1 a 1 u lu O %I, ;��a c •y i t I�p xwrz wm � ,,, • a• r3>Wui wz1 'W� a z b x 1 (I aFlrz 003::D i= C7�ViS n 1 S � �ixvW r �n QJ o � ' _ 0UUMSWO wO W Z $ v sO w °� •o ivi I 1l 1 ,, U• Q 1'1 J W 7 ►J Q t � p �p a p w 1 O u U O 1 u OP 51 `nrl- 1 00 N ui M v £1 1 I W 1 co N co O7 yyffK � W I U) 1 Z3 U 0 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown EXHIBIT B to Tower Site License Agreement APPROVED EQUIPMENT See Attached TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 25 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 rCROWN >✓ CASTLE Order Information Order ID Submitted By Original Submit Date JDE Job Number Revision Number 611587 Jennifer Gerhold Jun 03 2022 712004 1 Orders 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. Site Information Site ID Crown Castle Structure Structure Height(ft) Crown Castle Site Name 820809 A 100.0 Deadwood Mtn-Massetti 2 Crown Castle District County SFO Madera Latitude Longitude Structure Type Site Address 37° 18'50.69" -119'41'9.62" SELF SUPPORT 49197 Deadwood Lookout Oakhurst, CA 93644 Order Parameters Who is the customer? What do you want to do? First Time Install on Site? What is the Scope of your Order? FRESNO CA,COUNTY OF License Agreement Yes Tower Equipment What is the scope of work? SOW_ add (1)mANT30 series, (1)Mimosa 135c, (5)coax, (5)Decibals, (1)Sinclair, (1)Andrew, (1) RFS/ CELWAVE Customer Billing Company Billing ID Number Billing Address COUNTY OF FRESNO 394046 333 W PONTIAC WAY CLOVIS, CA 93612 Operating Legal Entity Operating Legal Entity ID COUNTY OF FRESNO 394046 Customer Site Name Customer Site Number Customer Job Number Customer Payment Reference Customer Project Number Customer Market Customer Region Customer Sub-Market Project Management Vendor Crown Castle-PMV Contacts NAME EMAIL PHONE ADDRESS Ahla Yang ahlayang@fresnocountyca.gov RF Contacts There are currently no Contacts for this order. Pagel DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Configuration Review Antennas MCL ACL TOTAL INSTALLED PROPOSED NOT MANUFACTURER/MODEL HEIGHT WIDTH DEPTH WEIGHT (ft) (ft) INSTALLED (in) (in) (in) (Ibs) 37 41 1 0 1 0 ANDREW/DB806E-XT 96.00 2.50 2.50 16.00 37 47 1 0 1 0 SINCLAIR/SRL-235-2 240.00 2.90 3.50 76.00 42 45 1 0 1 0 RFS/CELWAVE/PD320-3 72.00 1.25 1.25 15.00 60 60 1 0 1 0 MIKROTIK/MTAD-5G-30D3 27.50 27.50 17.80 10.70 61 56 2 0 2 0 DECIBEL/DB225-D 120.00 1.00 46.80 28.00 98 103 3 0 3 0 DECIBEL/DB81OM-XC 120.00 2.12 2.12 30.00 Tower Mounted Equipment MCL ACL TOTAL INSTALLED PROPOSED NOT MANUFACTURER/MODEL TYPE HEIGHT WIDTH DEPTH WEIGHT (ft) (ft) INSTALLED (in) (in) (in) (Ibs) 60 60 1 0 1 0 MIMOSA/135C BASE 10.50 6.20 3.00 3.50 STATION Feedlines MCL ACL TOTAL INSTALLED PROPOSED NOT MANUFACTURER/MODEL NOMINAL SIZE NOMINAL O.D. (ft) I(ft) INSTALLED (in) (in) 37 37 1 0 1 0 COMMSCOPE/LDF4-50A 1/2 0.62 42 42 1 0 1 0 COMMSCOPE/LDF4-50A 112 0.62 60 56 1 0 1 0 COMMSCOPE/LDF4-50A 1/2 0.62 61 61 1 0 1 0 COMMSCOPE/LDF4-50A 1/2 0.62 98 98 1 0 1 0 COMMSCOPE/LDF4-50A 1/2 0.62 Frequencies SVC TECHNOLOGY EIRP(WATTS) STANDARD FREQUENCY TRANSMIT FREQUENCY Other-Without RF 500.00 165.000- 166.000MHZ All Receive frequencies are approved. Cabinets Number of Proposed Additional Cabinets Lease Areas There are currently no Lease Areas for this order Power Do you need Crown to supply Power? No Battery Backup Required? No Page 2 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Equipment Antennas MANUFACTURER/MODEL ANTENNA AZIMUTH CUSTOMER MOUNT STATUS CENTERLINE MOUNT CLASS ORIENTATION (ft) ANDREW/DB806E-XT 41 110 SECTOR Upright Proposed MOUNT DECIBEL/DB225-D 56 220 SECTOR Inverted Proposed MOUNT DECIBEL/DB225-D 56 220 SECTOR Mid-Mount Proposed MOUNT DECIBEL/DB81 OM-XC 103 220 SECTOR Upright Proposed MOUNT DECIBEL/DB810M-XC 103 220 SECTOR Upright Proposed MOUNT DECIBEL/DB810M-XC 103 220 SECTOR Upright Proposed MOUNT RFS/CELWAVE/PD320-3 45 220 SECTOR Mid-Mount Proposed MOUNT SINCLAIR/SRL-235-2 47 110 SECTOR Upright Proposed MOUNT MIKROTIK/MTAD-5G-30D3 60 111 PIPE MOUNT Mid-Mount Proposed Tower Mounted Equipment TYPE MANUFACTURER/MODEL THE CENTERLINE LOCATED ON MOUNT CLASS STATUS (ft) ANTENNA MOUNT? BASE MIMOSA/135C 60 Yes Proposed STATION Feedlines -- MANUFACTURER/MODEL NOMINAL SIZE ATTACHED LENGTH IN CONDUIT? STATUS (in) CENTERLINE (ft) (ft) COAX COMMSCOPE/LDF4-50A 1/2 37 106 No Proposed COAX COMMSCOPE/LDF4-50A 1/2 42 106 No Proposed COAX COMMSCOPE/LDF4-50A 1/2 56 106 No Proposed COAX COMMSCOPE/LDF4-50A 1/2 98 106 No Proposed COAX COMMSCOPE/LDF4-50A 1/2 61 106 No Proposed NOTICE.,Structural Analysis shall be performed in accordance with the current revision of the TWEIA 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 2000i preferred).Because manufacturers may change equipment specifications(e.g.,length,width,height,depth or weight)for a Model Number without changing the Model Number itself,the equipment specifications for such Model Number as identified herein shall be used to determine exactly which version of equipment with such Model Number is approved by Crown Castle herein.Crown Castle may include the suffix"CCIv"together with a number(indicating a version number) after a Model Number,which suffix is not part of the actual Model Number,but indicative of a known change to the equipment specifications applicable to such Model Number. Page 3 \\�� § | a� _ `■| 2 § | | | § e� ~�� �\ || ■| | k2■ & # � R ! N § , � 2 m ¥ 2 j \ ) E } L O y * ® Z ! � O e U ; \ \ \ (D G 3 ! � b \ / \ . .! G o 4FF-m \ � v° :! m &` � ■� � !� R 7} §) 77$f ■ § ! - - i m \� \,-- :nl AAV qn : - - - \\�� § | a _ `|| � § | ■ |k ■ & § k ! N k ° , w � 2 m w ) � \ LL LL \ 0 y k Z ; D O e U \ \ \ ; \ \ � � B / R \A — !w �%§ @ § ! \� \\�� § | a _ `H. || � § | ■ |k ■ & i k ! § N k - , E q 2 , 3 ! 2 : a i L L \ c y % Z D O q U \ ! \ , s \ \ � 3 � b � \ . ., 2 4 \ (\ (© (\ , \` \\¢ k\e \\( ®9 ■° �` & a N § ! - i m \� k )(� —k,� § 9 - - - \\�� § | ■ t a ■| 2 § | | | § » e ~ • |& ■| | k2■ & ■ R ! N k ° , n 3 2 ,I / k L ± O ¥ R - _ 2 O e ) U ^ E \ \ \ \ ! \ � 3 � B B « c . .l . . .> .l . .l . . .. \ \ () ( (\ � 2 B - ■ , k § - - 2] 0� /J §| B | § | a §| ■� � � ■� � ƒ ��� ��� || || E | § | ■ §�, � a � 4 ! N a a § O 2 m 5 ± k k ) ƒ L ( O y : w O U \ \ \ 2 \ \ k § 2 ! ! ! < B B B / c . . . . . . / C ` ' \ \ / N \2 / §« a! ( ( ( () ( 2% §®2 ® o ■; �; §; -! ` k e \ § § ! t; 2 2= m ! � DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown EXHIBIT 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 INTENTIONALLY OMITTED TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 26 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 Licensee Site Name: N/A Crown Site Name: Deadwood Mtn—Massetti 2 Licensee Site Number: N/A JDE Business Unit: 820809 Licensee Type: Government License Identifier:825328 Type of Site: Crown EXHIBIT D to Tower Site License Agreement GRANT OF EASEMENTS See Attached TT:E 1532037SR Prepared by: C. Stinson App Rev#: 1 Prepared on: September 1,2022 LRF Rev#: 3 Revised on: MLA#: 1569267 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 27 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ATTN: Christian A.Farmakis Babst,Calland,Clements and Zomnir,P.C. Two Gateway Center,61h Floor Pittsburgh,PA 15222 (412)394-5400 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE GRANT OF EASEMENTS Facilities: Deadwood Mountain(BUN: 820808-820811) Street Address: 49197 Deadwood Lookout City: Coarsegold County: Madera State: California among CROWN CASTLE TOWERS 06-2 LLC, a Delaware limited liability company and FRED C.MASSETTI AND DIANE J.MASSETTI, TRUSTEES OF THE FRED AND DIANE MASSETTI FAMILY TRUST OF 2008 IB1923749 3} BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 GRANT OF EASEMENTS cost and expense, as reasonably necessary in the event that Crown's right to utilize the Access THIS GRANT OF EASEMENTS is made as Easement is challenged. In the event any public of this 25 h day of June,2015,by and between FRED utility is unable or unwilling to use the above- C. MASSETTI AND DIANE J. MASSETTI, described Utility Easement, Grantor hereby agrees to TRUSTEES OF THE FRED AND DIANE grant an additional right-of-way, in a form MASSETTI FAMILY TRUST OF 2008, a trust satisfactory to Crown and Grantor,either to Crown or formed under the laws of the State of California,with directly to the public utility at no cost and in a a notice address of 37 Via Cerioni Madera, location acceptable to either Crown or the public California 93637 ("Grantor"), and CROWN utility (the "Additional Utility Easement") provided CASTLE TOWERS 06-2 LLC, a Delaware limited such Additional Utility Easement is located so as to liability company, with a mailing address of 2000 not unreasonably interfere with Grantor's future use Corporate Drive, Canonsburg, Pennsylvania 15317 and development of the Grantor's Property. For any ("Crown"). such Additional Utility Easement to be effective, such casement shall be recorded in the Public 1. Description of Grantor's Property. Records of Madera County, California. Following Grantor is the owner of that certain property located receipt of Grantor's consent, which consent shall be in the Madera County, California, the description of neither unreasonably withheld or delayed,Crown, its said property is attached hereto as Exhibit A successors and assigns may employ a non-exclusive, (hereinafter "Grantor's Property") which includes temporary construction and maintenance easement parcels APN#064-100-024 and APN#055-220-023. over any portion of Grantor's Property that is reasonably necessary for any construction, repair, 2. Description of Easements. For good maintenance, replacement, demolition and removal and valuable consideration, the actual consideration related to the Permitted Uses (defined below), and paid or to be paid in connection herewith being Ten Crown shall restore promptly such portion of Dollars ($10), the receipt and sufficiency of which Grantor's Property to its original condition after its the parties hereby acknowledge, Grantor grants and use of the construction and maintenance easement. conveys unto Crown, its successors and assigns, forever, (i) an exclusive, perpetual easement for the 3. Easement Areas. The Easement Areas, use of the portion of Grantor's Property described and excluding the Access Easement and Utility Easement, identified as "Tower Easement Area" on the survey shall be used for constructing, maintaining and attached hereto as Exhibit B(the"Tower Easement"), operating wireless communications facilities, and (ii) anon-exclusive, perpetual easement for the including without limitation, tower structures, use of the portion of Grantor's Property described antenna support structures, cabinets, meter boards, and identified as "Utility Easement" on the survey buildings, antennas, cables, equipment and uses attached hereto as Exhibit B for the installation, incidental thereto for Crown's use and the use of its replacement and maintenance of utility wires, poles, lessees, licensees and/or sub-easement holders (the cables, conduits and pipes (the "Utility Easement"), "Permitted Uses"). The construction of additional tower structures is not a Permitted Use and no and (iii) anon-exclusive, perpetual right to use, jointly with the Grantor,any prescriptive ingress and additional tower structures will be constructed by egress rights or easements by necessity or implication Crown without Grantor's prior written consent, to access the Tower Easement and Utility Easement provided however,such consent is not required in the uired by law along the road event that Crown replaces and removes one of the Grantor has acq commonly known ui"Deadwood Lookout Road"and existing tower structures. It is the intent of the parties identified as such on the survey attached hereto as that Crown's communications facilities shall not Exhibit B seven days per week,twenty four hours per constitute fixtures. Grantor acknowledges that day, on foot or motor vehicle, including trucks (the Grantor has no right to object to or approve any "Access Easement"). (The Tower Easement, the improvements to be constructed by Crown on the Utility Easement and the Access Easement shall be Easement Areas. If requested by Crown and required collectively referred to as the "Easements" and the by law,Grantor will execute,at Crown's sole cost and portions of Grantor's Property subject to the expense,all documents required by any governmental Easements shall be Grantor's referred t as the "Easement authority in connection with any development of, or Areas"unless referred to individually or unless stated construction on, the Easement Areas, including to the contrary.) In addition, Grantor agrees to documents necessary to petition the appropriate cooperate with and assist Crown, at Crown'sre sole public bodies for certificates, permits, licenses and other approvals deemed necessary by Crown in IB1923749 3} 2 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 Crown's absolute discretion to utilize the Easement best knowledge and belief as to the presence of Areas for the Permitted Uses. Grantor agrees to be Hazardous Material within the Easement Areas. named applicant if requested by Crown and required by law. Grantor shall be entitled to no further (b) Grantor shall not(either with or without consideration with respect to any of the foregoing negligence) cause or permit the use, storage, matters. Grantor shall take no action that would generation, escape, disposal or release of any adversely affect the status of the Easement Areas Hazardous Material in any manner not sanctioned by with respect to the Permitted Uses. law. In all events, Grantor shall indemnify and hold Crown harmless from any and all claims, damages, 4. Term of Easements. This Grant of fines,judgments,penalties, costs, liabilities or losses Easements and Crown's rights and privileges (including, without limitation, any and all sums paid hereunder shall be perpetual and may be terminated for settlement of claims, attorneys' fees, and only as provided for herein. consultants' and experts' fees) from the presence or release of any Hazardous Material on Grantor's 5. Crown's Riuht to Terminate. Crown Property unless caused by Crown or persons acting shall have the unilateral right to terminate the under Crown. Grantor shall execute such affidavits, Easements for any reason. Said termination shall be representations and the like from time to time as effective upon Crown providing written notice of Crown may reasonably request concerning Grantor's termination to Grantor. Upon termination of the best knowledge and belief as to the presence of Easements, this Grant of Easements shall become Hazardous Material on Grantor's Property. null and void and the parties shall have no further obligations to each other except for those (c) For purposes of this Grant of Easements, indemnification obligations incurred pursuant to this the term "Hazardous Material" means any substance Grant of Easements incurred by the parties prior to which is (i) designated, defined, classified or the termination date. Upon termination of the regulated as a hazardous substance, hazardous Easements, Crown shall, within a reasonable time, material, hazardous waste, pollutant or contaminant remove its buildings, towers and above ground under any Environmental Law, as currently in effect personal property. Further, footings and foundations or as hereafter amended or enacted, (ii) a petroleum will be removed to a depth of three (3) feet below hydrocarbon, including crude oil or any fraction grade and Grantee shall restore the surface of the thereof and all petroleum products, (iii) PCBs, (iv) Easement Areas to their original condition, lead, (v) asbestos, (vi) flammable explosives, (vii) reasonable wear and tear excepted, provided infectious materials, or (viii) radioactive materials. however, Grantor shall have the right to elect that "Environmental Law(s)" means the Comprehensive Crown assign to Grantor all buildings towers and Environmental Response, Compensation, and above ground personal property, in whole or in part, Liability Act of 1980, 42 U.S.C. Sections 9601, et. with such election to be made by Grantor within seq.,the Resource Conservation and Recovery Act of twenty (20) days following Crown's notification of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic its termination of the Easements. Substances Control Act, 15 U.S.C. Sections 2601, et seq.,the Hazardous Materials Transportation Act,49 6. Hazardous Materials. U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq.,as said laws have been (a) Crown shall not (either with or without supplemented or amended to date, the regulations negligence) cause or permit the use, storage, promulgated pursuant to said laws and any other generation, escape, disposal or release of any federal, state or local law, statute, rule, regulation or Hazardous Material in any manner not sanctioned by ordinance which regulates or proscribes the use, law. In all events, Crown shall indemnify and hold storage, disposal, presence, clean-up, transportation Grantor harmless from any and all claims, damages, or release or threatened release into the environment fines,judgments,penalties, costs, liabilities or losses of Hazardous Material. (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and 7. Insurance. At all times, Crown, at its consultants' and experts' fees) from the presence or sole expense,shall obtain and keep in force insurance release of any Hazardous Material on the Easement which may be required by any federal, state or local Areas if caused by Crown or persons acting under statute or ordinance of any governmental body Crown. Crown shall execute such affidavits, having jurisdiction in connection with the operation representations and the like from time to time as of Crown's business upon the Easement Areas. Grantor may reasonably request concerning Crown's IB1923749 3} 3 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 8. Security of Communications Facilities. on the Delinquent Taxes at the rate of 12% per Crown may construct a chain link or comparable annum (calculated from the date Crown pays the fence around the perimeter of the wireless Delinquent Taxes until Grantor repays such sums due communications facilities. to Crown) and shall have a lien against Grantor's Property with respect thereto. 9. Removal of Obstructions. Crown has the right, following receipt of Grantor's consent 13. Waiver of Subrogation. The parties which will not be unreasonably withheld or delayed, hereby waive any and all rights of action for to remove obstructions on Grantor's Property, negligence against the other which may hereafter including but not limited to vegetation, which may arise on account of damage to the Easement Areas encroach upon, interfere with or present a hazard to (and any property of Crown or Grantor located Crown's use of the Easement Areas and shall be thereon) or any other portion of Grantor's Property responsible for disposing promptly any materials resulting from any fire or other casualty of the kind related to the removal of obstructions; provided, covered by property insurance policies with extended however, that no such consent shall be necessary in coverage regardless of whether or not, or in what the event of an emergency and provided further that amount,such insurance is now or hereafter carried by Grantor's shall be deemed to have consented in the the parties. event that Grantor fails to respond to a request for consent within five (5) days of receipt thereof by 14. Enforcement. In the event Grantor Grantor. fails to cure any violation of the terms of this Grant of Easements within twenty (20) days after written 10. Maintenance. Crown shall be notice from Crown, Crown shall have the right to responsible for maintenance of the Tower Easement, injunctive relief, to require specific performance of and Grantor shall be responsible for maintenance of this Grant of Easements, to collect damages from the remaining portions of Grantor's Property; Grantor,and to take such actions as may be necessary provided, however, the Crown shall be responsible in Crown's discretion to cure such violation and for repairing any damage to the Access Easement charge Grantor with all reasonable costs and caused by Crown's use thereof. expenses incurred by Crown as a result of such violation (including, without limitation, Crown's 11. [Intentionally omitted.] reasonable attorneys' fees). All rights and remedies provided under this Grant of Easements are 12. Taxes. Grantor shall pay all taxes cumulative and may be pursued singularly, in any levied against Grantor's Property, including all real combination,and in any order. The failure to enforce estate taxes;provided that Crown agrees to pay real any of the terms and provisions contained herein estate taxes levied against the Tower Easement in the shall in no event be deemed to be a waiver of the event that the Tower Easement is separately assessed right to thereafter strictly enforce the terms and as a result of this Grant of Easements; provided provisions hereof. further that, in the event that the Tower Easement is not separately assessed as a result of this Grant of 15. Limitation on Damages. In no event Easements, Crown agrees to pay or reimburse shall either party be liable to the other party for Grantor for any personal property taxes levied against consequential, indirect, speculative or punitive Grantor's Property that are directly attributable to the damages in connection with or arising from this presence of wireless communications facilities within Grant of Easements, the Permitted Uses or the the Easement Areas. Grantor agrees to provide Easement Areas. Crown any documentation evidencing the increase and how such increase is attributable to the presence 16. Recording. Grantor acknowledges that of wireless communications facilities within the Crown intends to record this Grant of Easements with Easement Areas. Crown reserves the right to the appropriate recording officer upon execution of challenge any such assessment of personal property this Grant of Easements. taxes,and Grantor agrees to cooperate with Crown in connection with any such challenge. In the event that 17. Hold Harmless. Grantor hereby Grantor fails to pay all taxes on Grantor's Property indemnifies, holds harmless, and agrees to defend prior to such taxes becoming delinquent,Crown may, Crown against all damages asserted against or at its option,pay such taxes(the"Delinquent Taxes") incurred by Crown by reason of,or resulting from:(i) and Crown shall have the right to collect the the breach by Grantor of, any representation, Delinquent Taxes from Grantor together with interest warranty, or covenant of Grantor contained herein or IB1923749 3} 4 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 (ii) any negligent act or omission of Grantor, benefit of the Easement Areas and shall be binding excepting however such damages as may be due to or upon Grantor and each successive owner of any caused by the acts of Crown or its agents. Crown portion of Grantor's Property and upon each person hereby indemnifies, holds harmless, and agrees to having any interest therein derived through any defend Grantor against all damages asserted against owner thereof, provided, however, that Grantor's or incurred by Grantor by reason of, or resulting right to construct,install and operate communications from: (i)the breach by Crown of any representation, facilities for its own private use with regard to the warranty, or covenant of Crown contained herein or FCC licenses owned by Grantor shall be limited to (ii) any negligent act or omission of Crown, Grantor and shall not run with the land. excepting however such damages as may be due to or caused by the acts of Grantor or its agents. 20. Eminent Domain. If the whole or any part of the Easement Areas shall be taken by right of 18. Grantor's Covenant of Title. Grantor eminent domain or any similar authority of law, the covenants: (a)Grantor is seized of fee simple title to entire award for the value of the land and the Grantor's Property of which the Easement Areas improvements so taken shall belong to Crown. are a part and has the right and authority to grant the Easements; (b) that this Grant of Easements is and 21. Grantor's Property. Grantor shall not shall be free and clear of all liens, claims, do or permit anything that will interfere with or encumbrances and rights of third parties of any kind negate any special use permit or approval pertaining whatsoever;(c)subject to the terms and conditions of to the Easement Areas or cause any wireless this Grant of Easements, Crown shall have quiet communications facilities on the Easement Areas to possession, use and enjoyment of the Easement be in nonconformance with applicable local, state,or Areas; (d) there are no aspects of title that might federal laws. Grantor covenants and agrees that it interfere with or be adverse to Crown's interests in may not, and shall not, subdivide any master tract of and intended uses of the Easement Areas;and(e)that which Grantor's Property is a part if any such Grantor shall execute such further assurances thereof subdivision will adversely affect the Easement Areas' as may be required. compliance (including any improvements located thereon) with applicable laws, rules, ordinances 19. Non-Interference. From and after the and/or zoning, or otherwise adversely affects date hereof and continuing until this Grant of Crown's ability to utilize Grantor's Property for its Easements is terminated (if ever), Crown and its intended purposes. Grantor shall not initiate or lessees, licensees and/or sub-easement holders shall consent to any change in the zoning of Grantor's have the exclusive right to construct, install and Property or any property of Grantor contiguous to, operate communications facilities for commercial surrounding, or in the vicinity of Grantor's Property, communications purposes on Grantor's Property. or impose or consent to any other restriction that Grantor shall not permit (i) the construction, would prevent or limit Crown from using the installation or operation of any communications Easement Areas for the uses intended by Crown. facilities for commercial communications purposes on Grantor's Property other than the communications 22. Entire Agreement. Grantor and Crown facilities constructed,installed and/or operated on the agree that this Grant of Easements contains all of the Easement Areas pursuant to this Grant of Easements agreements, promises and understandings between or (ii) any condition on Grantor's Property which Grantor and Crown. No verbal or oral agreements, interferes with Crown's Permitted Uses; provided, promises or understandings shall be binding upon however, Grantor shall have the right to construct, either Grantor or Crown in any dispute, controversy install and operate communications facilities for its or proceeding at law. Any addition, variation or own private use with regard to the FCC licenses modification to this Grant of Easements shall be void owned by Grantor provided that Grantor may not and ineffective unless made in writing and signed by lease, license or grant easements to third parties to the parties hereto. install equipment on such facilities for communications purposes and such facilities and the 23. Construction of Document. Grantor equipment installed thereon shall not interfere with and Crown acknowledge that this document shall not Crown's Permitted Uses or cause radio frequency be construed in favor of or against the drafter and that interference to Crown and/or other users of the this document shall not be construed as an offer until Tower Easement in excess of levels permitted by the such time as it is executed by one of the parties and FCC. Each of the covenants made by Grantor in this then tendered to the other party. Section 19 is a covenant running with the land for the IB1923749 3} 5 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 24. Applicable Law. This Grant of Easements and the performance thereof shall be 28. Mortgages. This Grant of Easements governed,interpreted, construed and regulated by the and the Easements granted herein shall be laws of the state where the Easements are located. subordinate to any mortgage given by Grantor which now or hereinafter encumbers Grantor's Property 25. Notices. All notices hereunder shall be including the Easement Areas, provided that any in writing and shall be given by (i) established mortgagee holding such a mortgage shall recognize express delivery service which maintains delivery the validity of this Grant of Easements in the event of records, (ii) hand delivery, or (iii) certified or foreclosure of Grantor's interest and Crown's rights registered mail, postage prepaid, return receipt under this Grant of Easements. In the event that the requested. Notices may also be given by facsimile Easement Areas are or shall be encumbered by such a transmission,provided that the notice is concurrently mortgage, Grantor shall obtain and furnish to Crown given by one of the above methods. Notices are a non-disturbance agreement for each such mortgage, effective upon receipt, or upon attempted delivery if in recordable form. delivery is refused or if delivery is impossible because of failure to provide reasonable means for 29. Successors and Assigns. The terms of accomplishing delivery. The notices shall be sent to this Grant of Easements shall constitute a covenant the parties at the following addresses: running with the Grantor's Property for the benefit of Crown and its successors and assigns and shall FRED AND DIANE MASSETTI TRUST extend to and bind the heirs,personal representatives, 37 Via Cerioni successors and assigns of the parties hereto and upon Madera,California 93637 each person having any interest therein derived through any owner thereof. Any sale, mortgage, CROWN CASTLE TOWERS 06-2 LLC lease or other conveyance of Grantor's Property shall c/o Crown Castle International Corp. be under and subject to this Grant of Easements and E.Blake Hawk,General Counsel Crown's and Grantor's rights and obligations 2000 Corporate Drive hereunder. Canonsburg,PA 15317 Attn: Real Estate Department 30. Construction of Grant of Easements. The captions preceding the Sections of this Grant of 26. Assignment. The parties hereto Easements are intended only for convenience of expressly intend that the Easements granted herein reference and in no way define,limit or describe the shall be easements in gross, and as such, are scope of this Grant of Easements or the intent of any transferable, assignable, inheritable, and provision hereof. Whenever the singular is used,the apportionable,but not divisable. Crown has the right, same shall include the plural and vice versa and within its sole discretion, to sell, assign, lease, words of any gender shall include the other gender. convey,license or encumber any of its interest in the As used herein, "including" shall mean "including, Easement Areas without consent. In addition,Crown without limitation." has the right,within its sole discretion,to grant lease, licenses or sub-easements over any portion of the 31. Counterpart Execution. This Grant of Easement Areas without consent. Any such sale, Easements may be executed in multiple counterparts, assignment,lease,license,sub-easement,conveyance each of which shall be fully executed as an original or encumbrance shall be binding upon the successors, an all of which together shall constitute one and the assigns, heirs and legal representatives of the same instrument. respective parties hereto. An assignment of this Grant of Easements shall be effective upon Crown 32. Grantor's Security Cameras. sending written notice thereof to Grantor at Grantor's mailing address stated above and shall relieve Crown (a) Crown and Grantor acknowledge that from any further liability or obligation accruing Grantor operates and maintains certain security hereunder on or after the date of the assignment. cameras installed on the telecommunications towers located in the Tower Easement. Crown hereby grants 27. Partial Invalidity. If any term of this a license to Grantor to install, operate and maintain Grant of Easements is found to be void or invalid, such security cameras within the Tower Easement. then such invalidity shall not affect the remaining Such license is subject to Crown's Site Rules(a copy terms of this Grant of Easements, which shall of which will be provided to Grantor), as such Site continue in full force and effect. Rules may be amended by Crown from time-to-time, IB1923749 3} 6 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 and is restricted exclusively to the installation, (d) Grantor shall carry public liability operation and maintenance of Grantor's security insurance covering its use of the Tower Easement cameras. Grantor's right to install, operate and with companies and in a form and amount maintain its security cameras shall be limited to satisfactory to Crown. The policy shall name Grantor Grantor and shall not run with the land. In the event as insured and Crown as an additional insured. The that Grantor, through the use of its security cameras policy shall bear endorsements to the effect that the or otherwise, becomes aware of any suspicious or insurer agrees to notify Crown not less than thirty abnormal activity at the Tower Easement, Grantor (30) days in advance of any modification or shall promptly notify Crown's Network Operations cancellation thereof. At a minimum, Grantor and all Center at(800)788-7011 of such activity. parties accessing the Tower Easement for or on behalf of Grantor (other than independent (b) Grantor agrees that it will not allow its contractors, which must provide coverage specified security cameras to cause radio frequency by Crown) shall obtain the following insurance interference to Crown and/or other users of the coverage: (i) Statutory Workers' Compensation Tower Easement. If Grantor is notified in writing including $500,000 Employers' Liability; (ii) that its operations are causing such radio frequency Comprehensive General Liability including personal interference, Grantor will immediately take all injury, broad form property damage, independent necessary steps to determine the cause of and contractor, XCU and products/completed operations eliminate such radio frequency interference. If the with limits not less than $2,000,000 per occurrence; interference continues for a period in excess of (iii) Automobile Liability with limits not less than seventy-two (72) hours following such notification, $1,000,000 per occurrence; and (iv) Fire and Crown shall have the right to require Grantor to extended coverage insurance on all of Grantor's reduce power and/or cease operations until such time improvements at the Tower Easement including all of as Grantor can make repairs to the interfering Grantor's security cameras and other personal cameras. In the event that Grantor fails to promptly property at the Tower Easement. The amount of the take such action as agreed,then Crown shall have the insurance limits identified above shall be increased right to terminate the operation of the cameras on every fifth (5th) anniversary of the date of this causing such radio frequency interference, at Agreement by twenty-five percent (25%) over the Grantor's cost,and without liability to Crown for any amount of the insurance limits for the immediately inconvenience, disturbance, loss of business or other preceding five (5) year period. The insurance damage to Grantor as the result of such actions. requirements shall not be construed to limit or Grantor shall indemnify and hold Crown and its otherwise affect the liability of Grantor. All policies subsidiaries and affiliates harmless from all costs, required to be provided pursuant to this section shall expenses, damages, claims and liability that result contain a waiver of subrogation in favor of Crown. from radio frequency interference caused by Grantor shall provide certificates evidencing said Grantor's security cameras. Grantor acknowledges coverage to Crown upon execution hereof and shall that Grantor shall have no recourse against Crown or provide a copy of said policies to Crown upon any of its licensees or sub-easement holders in the request. event that communications equipment installed by Crown's licensees or sub-easement holders interferes with the operation of Grantor's security cameras. (c) Grantor agrees to provide prior notice of any access to be made by Grantor or its agents to the [Remainder of Page Intentionally Blank] Tower Easement by calling Crown's Network Operations Center at(800)788-7011 (or by providing notice as otherwise directed by Crown). For safety reasons,access to the Tower Easement is restricted to times when elevated work is not being performed on any telecommunications tower at the Tower Easement by any other person. All parties accessing the Tower Easement for or on behalf of Grantor must be qualified by Crown in advance as an approved vendor. IB1923749 3} 7 BU Number 820808-820811 DocuSign Envelope ID: 8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 IN WITNESS WHEREOF, Grantor and Crown, having read the foregoing and intending to be legally bound hereby, have executed this Grant of Easements as of the day and year first written above. GRANTOR: THE FRED AND DIANE Tf,'itness: MASSETTI FAMILY TRUST OF 2008, a trust formed under the laws of the state ofCalifornia Print N Rq; it �� ( _ Name: red C. Massetti Title: Trustee Print Name: _- ((;t V1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. NOTARIAL AFFIDAVIT STATE OF C \ � a SS: COUNTY OF '/���' On June 25, 2015, before me, l(� . �� l'V `t'personally appeared Fred C. Massetti, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and seal as such Notary Public the day and year above written. Notary Public My Commission Expires: ( � ,.. a DI,NA 0.).PETRUCCI NOTARY PUBLIC.CALIFORNIA d COMMISSION,#2037243 MADERA COUNTY y _ My Comm.Exp.August 16,2017� .•tea [SIGNATURE PAGE FOR GRANT OF EASEIJENTS-DEADWOOD 141 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD4lD4 CROWN CASTLE TOWERS 06-2 LLC, a Delaware limited liability company Witness: mi(W—ut f0am na By: Pri t Name: S}'S( /I Name: Keith Monahan 1 Title: Director—Tower Acquisitions Print Name: 'he- i NOTARIAL AFFIDAVIT STATE OF FLORIDA SS: COUNTY OF SARASOTA I, Ima�u L p u M1 a6 c o a Notary Public within and for the State of Florida, duly comITIissioned and actin hereby certify that on this 25`h day of June, 2015, personally appeared before me Keith Monahan, of Crown Castle Towers 06-2 LLC, a Delaware limited liability company, to me personally known to be the person who signed the foregoing Grant of Easements, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the Director — Tower Acquisitions of said entity and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity, for the uses,purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. IMoLAA4 d&L`�i �ILI 3o IZo15 Notary Public My Commission Expires: rl yosgo Pue,,o MARY LOU DIMAGGIO * MY COMMISSION t EE 113898 h EXPIRES:Juty 30,2015 Wed TNu Budget NOSY Services [SIGNATURE PAGE FOR GRANT OF EASEMENTS-DEADWOOD 141 IB192374931 9 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 EXHIBIT A (Description of Grantor's Property) PARCEL I: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST M.D.B.&M.,ACCORDING TO THE OFFICIAL PLAT THEREOF. TAX I.D.NUMBER:064-100-024 PARCEL II: THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21,TOWNSHIP 7 SOUTH, RANGE 21 EAST M.D.B. &M., ACCORDING TO THE OFFICIAL PLAT THEREOF, MADERA COUNTY RECORDS. TAX I.D.NUMBER:055-220-023 BEING THE SAME PROPERTY CONVEYED TO FRED C. MASSETTI AND DIANE J. MASSETTI, TRUSTEES OF THE FRED AND DIANE MASSETTI FAMILY TRUST OF 2008,GRANTEE,FROM FRED C. MASSETTI AND DIANE J. MASSETTI, HUSBAND AND WIFE, GRANTOR, BY DEED RECORDED 07/14/2008,AS INSTRUMENT NO.2008024068 OF THE COUNTY RECORDS. {B 1923749 3} 10 BU Number 820808-820811 DocuSign Envelope ID:8923E37E-2875-46D1-8DDB-6C26E4BD41D4 EXHIBIT B (Final Legal Descriptions and Final Survey) TOWER EASEMENT AREA(BUN: 820808-820811) ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST. MOUNT DIABLO BASE AND MERIDIAN, MADERA COUNTY, CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 21, SHOWN AS A 3/4" IRON PIPE LS 2737 ON RECORD OF SURVEY FILED IN BOOK 52 OF MAPS AT PAGE 149 OF MADERA COUNTY RECORDS; THENCE NO3°50'56"W 9.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21, N88°03'48"W 132.73 FEET; THENCE N00°08'21"W 41.20 FEET; THENCE S89°13'47"E 174.69 FEET; THENCE S58023'06"E 57.87 FEET; THENCE S87°45'57"E 238.44 FEET; THENCE S02014'48"W 24.43 FEET TO SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE, N88003'07"W 280.92, THENCE LEAVING SAID SOUTH LINE, N00006'39"E 9.50 FEET; THENCE PARALLEL WITH SAID SOUTH LINE, N88003'07"W 47.79 FEET TO THE POINT OF BEGINNING. CONTAINING 0.35 ACRES MORE OR LESS UTILITY EASEMENT(BUN: 820808-820811) ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 SOUTH, RANGE 21 EAST. MOUNT DIABLO BASE AND MERIDIAN, MADERA COUNTY, CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21, SHOWN AS A 3/4" IRON PIPE LS 2737 ON RECORD OF SURVEY FILED IN BOOK 52 OF MAPS AT PAGE 149 OF MADERA COUNTY RECORDS; THENCE NO3°50'56"W 9.55 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST '/4 OF SAID SECTION 21, S88002'51"E 47.79 FEET; THENCE S00°06'39"W 9.50 FEET TO SAID SOUTH LINE; THENCE N88002'51"W 47.13 FEET TO THE POINT OF BEGINNING. 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LIUif1 I W N O F-O^OO1 J o W' O Z m W O W O W N I i `\`\ill I W2C7LL Q' fnLL HHe O OIL OE:OM g o~Jp N z W U U U o I F 3 zlwa�aw � Z wzwzwz 1 ; `�-_-_•/ I F 7 O (Z-7 C O wp w a s z � a m y > t I m�(nL)� mz�aFzzez pU w w` 1 N 0 DocuSign Certificate Of Completion Envelope Id:8923E37E287546D18DDB6C26E4BD41D4 Status:Sent Subject:BU-820809_PLIC-825328_App-611587_West_Deadwood Mtn-Massetti 2_FRESNO CA,COUNTY OF License:825328 Area:WTA District:SFO BusinessUnit:820809 Application Id:611587 Source Envelope: Document Pages:51 Signatures: 1 Envelope Originator: Certificate Pages:4 Initials:0 Daniel Thomas at Crown Castle AutoNav: Enabled 2000 Corporate Drive Envelopeld Stamping:Enabled Canonsburg,PA 15317 Time Zone:(UTC-05:00)Eastern Time(US&Canada) Daniel.Thomas@crowncastle.com IP Address:4.78.16.2 Record Tracking Status:Original Holder:Daniel Thomas at Crown Castle Location: DocuSign 9/6/2022 5:08:42 PM Daniel.Thomas@crowncastle.com Signer Events Signature Timestamp Brittany Coleman Completed Sent:9/6/2022 5:25:45 PM Brittany.Coleman@crowncastle.com Viewed:9/6/2022 5:43:15 PM Security Level: Signed:9/6/2022 5:43:25 PM .Email Using IP Address:68.107.177.147 ID:984b4121-c64a-44af-8d73-c3e562c17aOe 9/6/2022 5:43:08 PM Electronic Record and Signature Disclosure: Accepted:9/6/2022 5:43:15 PM ID: 19c6c628-edd3-4756-b3eb-af71cfeefc1f Christine RiedererSent:9/6/2022 5:44:33 PM Christine.riederer@crowncastle.com ED-USigIld by:� � Viewed:9/6/2022 6:13:30 PM Program Manager,Contract Development 37994D9BB71c40E Signed:9/6/2022 6:15:14 PM Crown Castle International Corp. Signing Group:Crown Manager,Contract Signature Adoption:Pre-selected Style Using IP Address:24.131.89.133 Development Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp See Patterson Sent:9/6/2022 6:15:17 PM seepatterson@fresnocountyca.gov Viewed:9/16/2022 1:23:14 PM Security Level: Email,Account Authentication (None) Agent Delivery Events Status Timestamp Electronic Record and Signature Disclosure: Accepted:9/16/2022 1:23:14 PM ID:80590905-4d53-4642-b3ae-e62542de7fe5 Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Lauren Schwindt COPIED Sent:9/6/2022 5:43:56 PM Lauren.Schwindt@crowncastle.com General Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Vertical Licensing COPIED Sent:9/6/2022 5:43:57 PM Vertical Docusign@crowncastle.com Viewed:9/6/2022 9:19:53 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/6/2022 5:10:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/19/2018 4:13:00 PM Parties agreed to:Brittany Coleman,See Patterson ELECTRONIC RECORD AND SIGNATURE DISCLOSURE In order to provide more efficient and faster service, Crown Castle ("we", "us"or"company") is pleased to announce the use of DocuSign, Inc. 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