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HomeMy WebLinkAboutT-Mobile South LLC - 2010 02 05 TELECOMMUNICATIONS TOWER COLLOCATION CONSENT AGREEMENT THIS COLLOCATION CONSENT AGREEMENT ( "Agreement ") is entered into by and between the City of Winter Springs, a Florida municipal corporation ( "City "), and T- Mobile South LLC, a Delaware limited liability company authorized to conduct business in Florida ( "T- Mobile "). Whereas, City is the owner of real property generally located on Shore Road within the City of Winter Springs, more particularly described herein; and Whereas, City entered into that certain Lease Agreement with Bell South Mobility, LLC, dated November 7, 2000, which subleased a portion of the City's property to Bell South Mobility, LLC for the construction and operation of a monopole cell tower; and Whereas, Bell South constructed a one hundred sixty -five foot (165') free standing communications monopole which is designed with spaces to collocate the antennas of three (3) commercial mobile radio service operators ( "Tower "); and Whereas, the Lease Agreement was subsequently assigned to Crown Castle South, LLC ("Crown Castle "), Whereas, T- Mobile desires to collocate on the Tower and sublease a portion of the City's property ( "Leased Property") from Crown Castle for purposes of operating and maintaining communication equipment and related facilities; and Whereas, City desires to consent to the sublease between T- Mobile and Crown Castle and to collocating its communication facilities on the Tower under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and hereby incorporated herein by this reference. 2.0 Consent to Collocation. The City hereby consents to T- Mobile collocating their communications and related facilities on the Tower and on the Leased Premises. In furtherance of consenting to the collocation, the City also consents to T- Mobile entering into a sublease with Crown Castle for the use of a portion of the Leased Property ( "Subleased Parcel ") and the Tower. The Subleased Parcel is described as "cell tower site" and is legally described on Exhibit "A," which is attached hereto and incorporated herein by this reference. The use of the Subleased Parcel shall be limited to operating and maintaining communications equipment and related facilities in order to Page 1 of 8 effectuate the collocation. City also consents to T- Mobile's use of the non - exclusive access and utility easement to the Leased Property. The easements were granted to Bell South by the City and are legally described under the Lease Agreement. The easements are described as "access and utility easement" and are legally described on Exhibit "A." T- Mobile agrees to fully comply with the terms and conditions of the aforementioned easements and further agrees that T- Mobile shall not in anyway overburden the easements or interfere with the City's and any other authorized user's right to use the easements. 3.0 Term. The term of this Agreement shall commence on the date that the last party hereto fully executes this Agreement. The City acknowledges and agrees that T- Mobile shall have the right to sublease the Subleased Parcel and collocate on the Tower for a term that coincides with the Term in the Lease Agreement, dated November 7, 2000. This Agreement shall automatically renew at the same time as the Lease Agreement unless: (i) T- Mobile has provided the City written notice of its desire not to renew prior to the renewal; (ii) the City has terminated this Agreement pursuant to paragraph 22.0 of this Agreement; (iii) T- Mobile is in breach of this Agreement, in which case, this Agreement may only be renewed if the City agrees to the renewal in writing and T- Mobile cures the breach; or (iv) T- Mobile is in breach of the Sublease Agreement with Crown Castle, in which case, the Agreement may only be renewed if the City and Crown Castle agree to the renewal in writing and T- Mobile cures the breach. 4.0 Termination of Lease Agreement. If the Lease Agreement is terminated by Crown Castle or City and T- Mobile desires to continue occupying and possessing the Subleased Parcel and Tower space, T- Mobile may do so by entering into a written lease agreement with the City which shall require direct payment to the City of all rental proceeds required by the Lease Agreement. 5.0 No Assignment. This Agreement shall not be assigned or transferred, unless the assignment is consented to in writing by the City. 6.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any party not expressly a party to this Agreement. 7.0 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 8.0 Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless remain in full force and effect, unless the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential purposes. 9.0 Governing Law and Venue. This Agreement shall be construed and enforced in Page 2 of 8 accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the state circuit courts located in Seminole County, Florida, and in the federal district court in Orlando, Florida, any objections as to jurisdiction or venue in such courts being expressly waived. 10.0 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post - judgment collection proceedings. 11.0 Non - Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 12.0 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): To City of Winter Springs: City Manager 1126 East S.R. 434 Winter Springs, Florida 32708 PH: (407) 327 -5957 FAX: (407) 327 -4753 To T- Mobile: T- Mobile South LLC Attn: Lease Administration 3407 W. Dr. Martin Luther King Boulevard Tampa, Florida 33607 Phone: (813) 267 -1059 Fax: (813) 348 -2512 WITH COPIES TO: T- Mobile South LLC 12920 SE 38 Street Bellevue, WA 98006 Attn: PCS Lease Administration Page 3 of 8 13.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. 14.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the T- Mobile related to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or T- Mobile. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of T- Mobile is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, T- Mobile shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall during normal business hours of T- Mobile be open and freely exhibited to the City for the purpose of examination and/or audit. 15.0 Interpretation. The City and T- Mobile have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 16.0 Independent Contractor. T- Mobile shall be considered an independent contractor under this Agreement. 17.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 18.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Lease Agreement, nothing contained in this Lease Agreement shall be construed as a waiver ofthe Lessee's right to sovereign immunity under Section 768.28, or other limitations imposed on the Lessee's potential liability under state or federal law. As such, the Lessee shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, Lessee shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Lease Agreement. 19.0 General Liability Insurance. T- Mobile shall purchase and maintain, at its own expense, such general liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of T- Mobile's use of the Subleased Parcel, Tower, or utility and ingress and egress easements. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage. This shall include, but not be limited to, Page 4 of 8 • automobile liability of owned vehicles, hired and non -owned vehicles, and employee non - ownership. All insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." T- Mobile shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by T- Mobile in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify T- Mobile in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. The City, at its discretion, reserves the right to require T- Mobile to obtain reasonable increases in the insurance coverage set forth in this paragraph. T- Mobile shall continuously maintain such insurance during the term of this Agreement in the amounts, type, and quality as required by this paragraph. 20.0 Indemnification and Hold Harmless. T- Mobile shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability to the person or property (including reasonable attomey's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from T- Mobile's and its employee's, agent's, and contractor's use and occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements. This indemnification shall survive the expiration or termination of this Agreement. The indemnification provided above shall obligate T- Mobile to defend at its own expense or to provide for such defense, at the sole option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may result from T- Mobile's and its employee's, agent's, and contractor's use and occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. 21.0 Standard of Care. In using the Subleased Parcel, Tower, and utility and ingress and egress easements, T- Mobile shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. 22.0 Termination. If T- Mobile defaults in fulfilling any of the covenants of this Agreement and such default shall continue for sixty (60) days after T- Mobile's receipt of written notice from the City specifying the nature of said default, or, if the said default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within such sixty (60) days and T- Mobile shall not in good faith commence the curing or remedying of such default within such sixty (60) days and shall not thereafter diligently proceed therewith to completion, then in any one Page 5 of 8 or more of such events this Agreement shall terminate and come to an end as fully and completely satisfied and T- Mobile shall then quit and surrender the Subleased Parcel and the right to use the utility and ingress and egress easements as provided herein and remove its communications equipment and related facilities as set forth in paragraph 33.0 23.0 T- Mobile's Signatory. The undersigned person executing this Agreement on behalf of T- Mobile hereby represents and warrants that he /she has the full authority to sign the Agreement on behalf of T- Mobile and to fully bind T- Mobile to the terms and conditions set forth in this Agreement. 24.0 Not Recordable. The parties understand and agree that neither this Agreement nor any sublease shall be recorded in the public records. 25.0 Hazardous Materials. T- Mobile represents and warrants that its use of the Subleased Parcel, Tower, and the utility and ingress and egress easements will not generate any hazardous substance and that it will not in violation of any applicable law or regulation, store or dispose on or near the Subleased Parcel, Tower and the utility and ingress and egress easements, any hazardous substance. T- Mobile shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the generation, storage, disposal, transportation or use of Hazardous Materials by T- Mobile and its employees, agents, and contractors on the Subleased Parcel, Tower and the utility and ingress and egress easements. For purposes of this Agreement, Hazardous Materials shall mean gasoline, petroleum and other petroleum by products, asbestos, explosives, PCBs, radioactive material or any "hazardous" or "toxic" material, substance, or waste which is defined by those or similar terms or is regulated as such under any statute, law, ordinance, rule or regulation of any govemmental authority having jurisdiction over the Subleased Parcel, Tower or utility and ingress and egress easements or any portion thereof or its use, including any material, substance or waste which is defined as: (i) a "hazardous substance" under the Water Pollution Control Act (33 U.S.0 Section 1301 et seq., as amended); (ii) "hazardous waste" under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq., as amended); (iii) a "hazardous substance" or "hazardous waste" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended or any other superfund law); (iv) a "hazardous chemical" under 29 C.F.R. Part 1910; or (v) a "pollutant" or "contaminant" under 42 U.S.C. Section 9601. This indemnification shall survive the expiration or termination of this Agreement. 26.0 Liens. T- Mobile shall keep the Subleased Parcel and utility and ingress and egress easements free from any liens arising out of any work performed for, materials famished to, or obligations incurred by or on behalf of T- Mobile. T- Mobile shall also hold the City harmless against any such liens and shall take immediate action to remove any such lien should one be filed against any property owned by the City as a result of work performed or as a result of under this Agreement for or on behalf of T- Mobile. Page 6 of 8 27.0 Condemnation. If the whole of the Subleased Parcel or utility and ingress and egress easements, or such portion thereof as will make said parcel unusable for the purposes herein subleased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between T- Mobile and City as of that date. 28.0 Damage or Destruction. Notwithstanding any other provision of this Agreement, T- Mobile shall bear the risk of loss or damage to its communications equipment and personal property on the Subleased Parcel, Tower, and utility and ingress and egress easements, except to the extent such loss or damage is caused by the negligence or willful misconduct of the City. Under no circumstances under this Agreement will the City be liable to T- Mobile for economic loss, Lost profits, loss of business, loss of market share, or any other incidental, punitive, special, or consequential damages of any nature whatsoever even if informed of the possibility of such damages. 29.0 Maintenance. T - Mobile shall be solely responsible for maintaining its communications equipment and personal property in a safe and good condition, working order, and repair. T- Mobile shall be solely responsible for promptly repairing damage to its communications equipment and personal property. T- Mobile shall keep the Subleased Parcel, Tower and utility and ingress and egress easements free of debris and anything dangerous, noxious, or offensive in nature which would crease a hazard or undue vibration, heat, or noise. 30.0 Utilities. T - Mobile shall provide for its own utilities and shall be responsible for paying such utilities. 31.0 Taxes. T - Mobile shall pay any and all taxes and assessments levied upon T- Mobile's communications equipment and personal property used or kept on the Subleased Parcel, Tower, or utilities and ingress and egress easements. 32.0 Rent. T Mobile acknowledges and agrees that T Mobile shall pay the City one thousand and no /100 dollars ($1,000.00) per month to sublease the Subleased Parcel, plus applicable taxes and assessments. T- Mobile shall remit its rental payments directly to the City. Should T- Mobile fail to make the rent payments under the sublease, the City shall have the right to immediately terminate this Agreement and in such case T- Mobile shall also immediately remove its communications and related facilities from the Subleased Property and utility and ingress and egress easements. 33.0 Removal of Equipment. Upon termination of this Agreement, T- Mobile shall, within sixty (60) days, remove all of its communications equipment and related facilities from the Subleased Parcel and utility and ingress and egress easements and restore said property to its original above grade condition. If such time for removal causes T- Mobile to remain on the Subleased Parcel after termination of this Agreement, T- Mobile shall pay rent directly to the City in the amount of four thousand and no/100ths ($4,000.00) per month until such time as the removal of the communications Page 7 of 8 equipment and related facilities are completed. Upon termination of this Agreement and removal of T- Mobile's communication equipment and related facilities shall be released of any liability occurring on the Subleased Property and utility and ingress and egress easements after such termination and removal. 34.0 Modification. Modifications ofthis Agreement shall only be made in writing signed by both parties. 35.0 Compliance with Laws. T- Mobile shall comply with all local, state, and federal laws and regulations regarding the construction, placement, maintenance and use of T- Mobile's communications equipment and related facilities. 36.0 Signs. T- Mobile shall not place any sign(s) on the Subleased Property, Tower or utility and ingress and egress easements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. CITY OF WINTER SPRINGS, a Florida municipal corporation. ATTEST: Ke n L. S it , City Manager ioi dfr? Sl iw Date: 2 /rib o A y � ndrea Lorenzo - Luaces, City Clerk WITNESS: T- MOBILE SOUTH LLC, a Delaware Limited Liability Company. Print Name. ic Cek. C-;. i (.()1L 4 Print ame: Mike Ack :yd g/, ter;_ Title: Director, Engineering & Operations P t Name: Date: 3 8 of 8 ... ...... . . .. ,. • . • Exhibit A . . • • - - • - . . . 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SEEittNbill COUNTY, FLORIDA AND lor TBENCI3 ALONG TEE zAsT Riau op WAY La* OF • ROAD, AS SHOW UPON SALC011-AT, §013 07 ADIS±ANcg-oF 2093 .kgEr • T13420.0447OF )3EGuanatti 00 IHE EiERRODEstRnim PARME4 TBENCEDEPARIDA3 d11.6 • RIGHT OF WAY LINE, NORTH arrrsr 40 THENCE ae EAST, A DISTANCE OF 45.11 MET; TIEIENI1E'$OUlti ''c'37•55'' WEST,. A.DLSTANCE — -- • OF 20 . 0 0 MEI; THENCE ?,101 EDIlos °2 .*ItartiasT,A:DISTAI•ICE OF2 FEET; TEENEESOIMI . • • 87r55 'NEST, A pOSTANtE OP'•1660.03 FEET-TO -A PO1? 4T OF INTERSEC7ION.WITIt TIIE . • • AFOREsAm EAST III.GEiT OF WAY LINE cif Swam ROAD; : .00 .• ALONG. SA313 EAdr • . RiGaT OF WAY LINE NORM 07 WEST, A DISTAI PEST TOTEEPODTT OF arzimiNG. - . . . . . . .. - . • SAID LIDS srramE IN TER QTY oF iimiTER spRizar.a. aratThici:E Cairrnr.F1,13RIDA, AND.CONIAINING0.783 A-cREs (34,41) s•QtrAREmEn OPI.AND, MORE ORLFSS. . . • . . - • . • • • . • - • . . . . . . • . . . . . . • . . . . . • . . .4 °R°® 05/11/2012 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS v CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 4 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED N REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. v IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the a certificate holder in lieu of such endorsement(s). PRODUCER CONTACT d NAME: - Aon Risk insurance Services West, Inc. PHONE (206)No.Ext): (206) 749-4800 FAX (206) 749-4860 ` Seattle WA Office (NC. (NC.No.): 0 1420 Fifth Avenue Suite 1200 E-MAIL DRESS: O Seattle WA 98101-4030 USA z INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Specialty Insurance CO 37885 T-Mobile USA, Inc INSURER B: Greenwich Insurance Company 22322 its Subsidiaries and Affiliates 12920 SE 38th Street INSURER C: National Union Fire Ins Co of Pittsburgh 19445 Bellevue WA 98006 USA INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570046184674 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL.SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMI01/20 Y) ( LIMITS B GENERAL LIABILITY RGD500025901 05/01/2012 05/01/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1,000,000 I PREMISES(Ea occurrence) 111 CLAIMS-MADE 1 X I OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 CID GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 v —I POLICY n PRa " 1 LOC o JECT 0 B AUTOMOBILE LIABILITY RAD 500025701 05/01/2012 05/01/2013 COMBINED SINGLE LIMIT AG (Ea accident) $2,000.000 B X ANY AUTO RAD 500025801 05/01/2012 05/01/2013 BODILY INJURY(Per person) o ALL AUTOS OWNED gUTOS LED MA BODILY INJURY(Per accident) m — HIRED AUTOS NON-OWNED PROPERTY DAMAGE tl AUTOS (Per accdent) — 0 a, C ID X UMBRELLA LIAB X OCCUR 13273159 05/01/2012 05/01/2013 EACH OCCURRENCE $5,000,000 C) SIR applies per policy terns & condi :ions AGGREGATE $5,000,000 EXCESS LIAB CLAIMS-MADE DED I X (RETENTION A WORKERS COMPENSATION AND RWD5000301 05/01/2012 01/2012 05/01/2013 WC STATU- OTH- EMPLOYERS'LIABILITY Y/N ADS X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I I N/A RWR5000302 05/01/2012 05/01/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under WI $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 MN DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The Certificate Holder and other entities as defined if required by written contract are Additional Insured for General -- Liability and Automobile Liability solely as respect to operations of the Named Insured at the location(s) specified on the attached if required by contract. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability and Automobile Liability policy. General Liability and Automobile Liability evidenced herein is primary and non-contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the insured. Per Cancellation Notification to Others Endorsement - In the event coverage is cancelled for any statutorily permitted reason, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Winter Springs AUTHORIZED REPRESENTATIVE rkz City Manager 1126 East SR 434 winter Springs FL 32708 USA J " a 9921$� na ectanc, Yeti.ixa W:c..Z ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10616550 LOC#: AC R® ADDITIONAL REMARKS SCHEDULE Page l of 1 AGENCY NAMED INSURED Aon Risk Insurance Services west, Inc. T-Mobile uSA, Inc POLICY NUMBER See certificate Number: 570046184674 CARRIER NAIC CODE See Certificate Number: 570046184674 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Descnption of Operations/Locations/Vehicles: other than nonpayment of Premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to Blanket per List on file" - 30 Days Notification. All other terms and conditions of the Policy remain unchanged, with regard to the General Liability and Automobile Liability policy. ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED T-Mobile USA, Inc its Subsidiaries and Affiliates 12920 SE 38th Street Bellevue WA 98006 USA Site List A2E0015A - 1126 East S. R. 434, Winter Springs, FL Certificate No: 570046184674 ENDORSEMENT# This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGD500025901 issued to T-MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED—WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under all coverage parts. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section II — WHO IS AN INSURED is amended to include as an Insured any person or organization for whom you have agreed under written contract or agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain the same. (Authorized Representative) MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT# This endorsement, effective on May 1, 2012 at 12:01 A.M. standard time, forms a part of Policy No.RAD500025701 of Greenwich Insurance Company issued to T-MOBILE USA, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II A.1. WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed under contract or agreement to provide insurance. However, the Insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain unchanged. (Authorized Representative) MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER: RGD500025901 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: RAD500025701 XIC 404 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations or work you performed under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule below: SCHEDULE Name of Person(s) or Organization(s): Any person or organization for whom you are required to waive your right of recovery under the terms of a written contract. All other terms and conditions remain the same. (Authorized Representative) XIC 404 1007 ©2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office, Inc., with its permission. POLICY NUMBER: RAD500025701 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: T-MOBILE USA, INC. Endorsement Effective Date: May 1, 2012 SCHEDULE Name(s)Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ ENDORSEMENT# This endorsement, effective 12:01 a.m., May 1, 2012 ,forms a part of Policy No.RGD500025901 issued to T-MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIL 424 0605 ©, 2005, XL America, Inc. ENDORSEMENT# This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGD500025901 issued to T-MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s)or Entity(ies) Mailing Address: Advanced Notice of Cancellation: "Blanket per list on file". "Blanket per List on file" 30 All other terms and conditions of the Policy remain unchanged. (Authorized Representative) IX! 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RAD500025701 issued to T-MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s)or entity(ies)according to the notification schedule shown below: Number of Days Advanced Name of Person(s)or Entity(ies) Mailing Address: Notice of Cancellation: "Blanket per list on file". "Blanket per List on file" 30 All other terms and conditions of the Policy remain unchanged. (Authorized Representative) [XI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission.