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HomeMy WebLinkAbout2010-10-26; City Council; 20383; POLE CONDUIT LICENSE AGREEMENT PACIFIC BELLCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. IT 20,383 10-26-10 POLE AND CONDUIT LICENSE AGREEMENT WITH PACIFIC BELL - JOINT FIRST RESPONDERS CENTER COMMUNICATION CABLING DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No..2010-243 authorizing the Mayor of the City of Carlsbad to execute the License Agreement between the City of Carlsbad and Pacific Bell Telephone Company d/b/a AT&T California (and previously referred to as "SBC California)", a California Corporation for placement of City cable, wires, appliances or other appurtenances in support of the Joint First Responders Training Facility. ITEM EXPLANATION: To most effectively and efficiently enable data and phone communications between the Safety Center and the Joint First Responders Training Facility, the City desires to use existing, city owned conduit. A recent city survey verified that there are two 4" city owned conduits connected to Pacific Bell underground vaults within range of the Safety Center and the Joint First Responders Training Facility. To access the conduit and pull communications cable for the new Joint First Responders Training Facility the city must gain prior permission from Pacific Bell as well as adhere to Pacific Bell vault access specifications. FISCAL IMPACT: The costs and associated budget for use with the license agreement will be $3,000. Sufficient funds are available for the completion of these services in the Joint First Responders Training Facility capital improvement project budget. This license agreement, and the use of existing conduit, represents a construction cost savings to the city as trenching services will not be required for this portion of the Joint First Responders Training Facility project. ENVIRONMENTAL IMPACT: The proposed agreement does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. EXHIBITS: 1. 2. 2010-243Resolution No. Pole and Conduit License Agreement between the City of Carlsbad and Pacific Bell, a California Corporation. DEPARTMENT CONTACT: Gary Hornby 760-602-2479 qary. hornbv@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XD D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dnn 1 RESOLUTION NO. 2010-243 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE 3 EXECUTION OF THE LICENSE AGREEMENT WITH 4 PACIFIC BELL FOR DATA AND TELECOMMUNICATION CONNECTIVITY FOR THE JOINT FIRST RESPONDERS 5 TRAINING FACILITY 6.. WHEREAS, the Joint First Responders Training Facility is an approved Capital 7 Improvement Project for the City of Carlsbad; and8 g WHEREAS, data and telecommunication connectivity is required between the 10 Joint First Responders Training Facility and the Safety Center; and 11 WHEREAS, the City already owns conduit linking the two sites which can be 12 accessed via Pacific Bell underground vaults; and 13 Carlsbad, California, as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 14 15 .. 1. That the above recitations are true and correct. 16 2. That the Mayor is hereby authorized to execute two originals of the License 18 Agreement between the City of Carlsbad and Pacific Bell, a California 19 corporation. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of October, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. . LEWIS, Mayor ATTEST: PACIFIC S3 BELL CF 0041 (10-98) A Pacific Telesis Company REF. S.I. 81 AGREEMENT NO: POLE AND CONDUIT LICENSE AGREEMENT PACIFIC BELL, a California corporation, hereinafter called "Licensor", and City of Carlsbad California . hereinafter individually and collectively called "Licensee", mutually agree that the following terms and conditions shall govern Licensee's use of Outside Plant (as defined herein) in which Licensor has an ownership or other interest within the areas in the areas in or near Orion Street and Orion Way Carlsbad California which is delineated on the map hereto attached, marked "Exhibit A", and hereby made a part hereof. 1. DEFINITIONS (a) Applicable construction Requirements shall include Licensor's Manual of Construction Procedures and Agreement, Administrative Guide for Authorized Licensees, and General Orders 95 and 128 of the California Public Utilities Commission. (b) Licensor, except as other side provided herein, shall mean Pacific Bell, its officers, directors, agents or employees. (c) Licensee, except as otherwise provided herein, shall mean the entity, its officers, directors, agents, employees and contractors, or person requesting permission to attach to or occupy Licensor's Outside Plant. (d) Outside Plant shall mean poles, underground conduit, manholes and handholes owned in whole or in part by Licensor or other owners of the Outside Plant. (e) Facilities shall mean cable, wires, appliances and other appurtenances. 2. LICENSEE'S USE OF OUTSIDE PLANT Licensee's use of Licensor's Outside Plant shall be confined to supporting those Facilities which Licensor has given Licensee permission to install. Licensee shall not use the Facilities attached to or placed in Licensor's Outside Plant for any unlawful purpose. 3. SUBMITTING APPLICATIONS (a) Whenever Licensee shall desire to place Facilities on or in any of said Outside Plant, Licensee shall make written application to Licensor in triplicate for permission to do so. Such application shall be substantially in the form of "Exhibit B" hereto attached. (b) Upon receipt of said application, Licensor or Licensee shall survey the Outside Plant covered by said application to determine whether sufficient space is available to accommodate Licensee's Facilities and whether rearrangements or changes to said outside Plant or Facilities existing thereon or therein will be required to accommodate Licensee's facilities in accordance with Licensor's Applicable Construction Requirements. If Licensor determines that any such rearrangements or changes are required, Licensor shall return said application to Licensee together with a list of the rearrangements or changes required by all parties and an estimation of the cost to identify and perform Licensor's portion thereof. Licensor's estimate shall also include the cost to perform any inspections under Paragraph 9 of this Agreement. If Licensee still desires to use said Outside Plant, Licensee shall return its application marked to so indicate, together with an advance payment of Licensor's estimated costs as a deposit toward the actual cost to perform Licensor's portion of said work. Upon receipt of Licensee's marked application and advance payment, Licensor shall perform its portion of said work on or in said Outside Plant at Licensee's sole cost and expense. c) Licensor shall not be responsible to Licensee for any loss sustained by Licensee by reason of the refusal or failure of any other owner or user of said Outside Plant to make any rearrangements or changes to their Outside Plant or Facilities which will be required to accommodate Licensee's Facilities. Licensee shall be responsible for: (1) requesting that said other owners make any of said required rearrangements or changes: (2) obtaining such approvals as are necessary from said other owners prior to placing Licensee's Facilities on or in Licensor's Outside Plant: (3) assuring that all necessary rearrangements or changes by such other owners have been completed before Licensee places its Facilities on or in said Outside Plant, if prior placement of Licensee's Facilities will result in a deviation from Applicable Construction Requirements; and (4) reimbursing said other owners for making any such rearrangements or changes. 4. PERMISSION TO OCCUPY Upon completion of the work described in Paragraph 3 above, Licensor shall grant Licensee written permission to install, maintain and use the Facilities described in said application on or in the Outside Plant identified therein, subject to the terms and conditions of said application. Such permission shall be substantially in the form of "Exhibit C" hereto attached. Before commencing installation of said Facilities. Licensee shall provide Licensor with reasonable notice so that Licensor may arrange, at its option and at Licensee's sole cost and expense, to have Licensor's inspector present during said installation. 5. LAWFUL EXERCISE OF PERMISSION Licensee shall obtain from public authorities and private owners of real property any and all permits, licenses or grants necessary from the lawful exercise of the permission granted by any application approved hereunder. 6. TMEFRAMES FOR PLACEMENT OF FACILITIES Licensee shall complete the placement of its Facilities on or in the Outside Plant covered by each approved application within such time limit as Licensor shall designate on said application: provided, however, that said time limit shall be extended to compensate for any delays in such placement: (1) caused solely by Licensor, or 2) beyond the reasonable control of Licensee. In the event Licensee should fail to complete placement of its Facilities within said prescribed time limit, the permission granted by Licensor to place said Facilities may be revoked by Licensor upon thirty(30) days prior written notice to Licensee: provided however, said revocation will be abeyed so long as Licensee undertakes and continues substantial effort to complete the placement of its Facilities. In the event permission is revoked, Licensee shall not have the right to place said Facilities without first reapplying for and receiving permission to do so as prescribed in Paragraph 3 above. 7. SUSPENSION OF WORK Licensor shall have the right to require Licensee to suspend immediately, upon oral or written notice any work being performed or to be performed by licensee hereunder whenever in Licensor's sole opinion such work is being performed or is to be performed in a manner contrary to any of the provision of this Agreement, or in any manner which is likely to cause injury to persons or damage to property. Licensee shall not resume any such work until Licensor has given its oral or written approval to do so. 8. DAMAGE TO FACILITIES Licensor and Licensee shall exercise precaution to avoid causing damage to each other's Facilities or those of others on or in said Outside Plant and shall make an immediate report of the occurrence of any such damage caused by its employees, agents or contractors, to the owner(s) of said Outside Plant or Facilities. The party causing the damage agrees to reimburse the damaged owner(s) for all reasonable direct costs incurred in making replacements or interruption of service or for interference with the operation of each other's facilities, or for any indirect, special, or consequential damages. 9. INSPECTIONS All work performed by Licensee shall be performed in accordance with this Agreement and Applicable Construction Requirements. Licensor shall have the right: (a) to inspect each new installation of Licensee's Facilities on or in the vicinity of said Outside Plant; and (b) to make periodic inspections of Licensee's Facilities upon thirty (30) days prior written notice to Licensee. Licensee shall pay Licensor upon demand Licensor's charges for making such inspections. If, upon completion of any said inspections, Licensor notifies Licensee to correct omission to violations of, or deviations from any of said Applicable Construction Requirements, Licensee shall correct said violations of, or deviations from any of said Applicable Construction Requirements, Licensee shall correct said omission, violations or deviations with 45 days, except that if, in Licensor's sole opinion, such omissions, violations or deviations present a serious threat of immediate bodily harm or injury or damage to property, Licensee shall make said corrections within 48 hours of Licensor's oral notice to do so. If Licensee fails to make said corrections within the required timeframes, Licensor may, at its option, make said corrections at Licensee's sole cost, risk and expense; provided further, however, that if Licensee fails to correct deviations which present a serious threat of immediate bodily harm or injury or damage to property, Licensor may withhold permission for Licensee to use any Outside Plant covered by additional applications until said corrections are made by Licensee. 10. SUBSEQUENT PLACEMENT OF FACILITIES (a) Licensee shall not have the right to place, nor shall it place, any additional Facilities on or in the Outside Plant without first making a written application for and receiving permission to do so, as prescribed in Paragraph 3 above; nor shall Licensee change the position of any Facilities on or in said Outside Plant without Licensor's prior written approval. (b) If Licensor finds that Licensee has placed any Facilities on or in any part or parts of said Outside Plant without first making a written application for and receiving permission to do so, Licensor, without prejudice to its other rights or remedies under this Agreement may (1) require Licensee to remove such Facilities forthwith, or (2) remove said Facilities at the sole risk and expense of Licensee; provided however, prior to removal of such Facilities, Licensor shall provide Licensee or prospective Licensee a reasonable period of time, not to exceed 30 days in which to remove its Facilities or apply for authority to Licensor to attach or occupy and to pay the liquidated damages provided in this Paragraph 10(b). Licensee shall pay Licensor upon demand Licensor's charges for such removal. Licensor and Licensee further agree, because it would be impracticable and extremely difficult to determine the actual amount of damages resulting from Licensee's unauthorized use of Licensor's Outside Plant, that Licensee shall pay to Licensor as liquidated damages and not as a penalty for each unauthorized placement an amount equal to three (3) times the current annual charges and any actual damages which may have resulted from the unauthorized use. Such liquidated damages represent a reasonable endeavor by the parties to estimate a fair compensation for the other sums due and payable under this Agreement or otherwise. No act or failure to act by Licensor with regard to said unauthorized use shall be deemed a ratification on the giving of permission for such use. If permission should subsequently be given for such use after Licensee has made written application therefor; said permission shall not operate retroactively or constitute a waiver by Licensor of any of its right or privileges under this agreement or otherwise. 11. NO OBLIGATION (a) Nothing in this Agreement shall be construed to obligate Licensor to grant Licensee permission to use any particular Outside Plant. No use, however extended of any of said Outside Plant under this Agreement shall create or vest in Licensee any ownership or property rights therein; Licensee's rights hereunder shall be and remain a mere license. Nothing herein contained shall be construed to compel Licensor to maintain any particular Outside Plant for a period longer than demanded by its own service requirements. (b) The Licensor retains the right, in its sole judgment, to determine the availability of space in a conduit system. In the event the Licensor determines that it would be in its best interest to abandon an underground structure, the occupant of a duct, or portion thereof, will have first right of refusal to purchase. 12. SUBSEQUENT WORK BY LICENSEE (a) Licensee, upon written notice from Licensor and at its own sole risk and expense, shall relocate, replace or transfer its facilities, or shall perform any other work in connection with said Facilities that may be required by Licensor; provided, however, that in cases of emergency, Licensor may, at Licensee's sole risk, cost and expense, relocate, replace or transfer Licensee's Facilities or perform any other work in connection with said Facilities that may be required by Licensor to meet its own service requirements or those of any other owner of an interest in said Outside Plant. Licensee shall pay Licensor upon demand Licensor's charges for performing any such work. (b) In the event of any service outage affecting both Licensor's and Licensee's Facilities, both parties shall mutually agree on reasonable restoral plans. (c) With Licensor's prior concurrence, Licensee, without charge and where available, may temporarily use spare duct or innerduct for emergency maintenance purposes. Such Licensee emergency Facilities shall be removed within ninety (90) days after the date Licensee replaces its existing Facilities in one duct with the placement of substitute Facilities in another duct unless Licensee applies for and Licensor grants a license for such conduit system occupancy. In cases where an emergency exists that affects both parties, and where only one spare innerduct of duct is present. Licensor has maintenance priority. 13. SUBSEQUENT WORK BY LICENSOR If in Licensor's judgment, Licensee's existing Facilities on or in any Outside Plant interfere with or prevent the placement of any Facilities thereon or therein by Licensor or by any other owner of said outside Plant, and if said Facilities could be placed on or in said outside Plant by removing Licensee's Facilities therefrom, by rearranging Licensor's or such other owner's existing facilities or by replacing said Outside Plant, Licensor shall notify Licensee in writing of the removal, arrangement, or replacement required in order to continue the accommodation of Licensee's Facilities. If Licensee desires to continue to maintain its Facilities on or in said outside Plant, Licensee shall so notify Licensor, and Licensor shall perform such work as is required, at the sole cost and expense of Licensee. Licensee shall pay Licensor upon demand Licensor's charges for performing said work. If Licensee does not desire, Licensee shall remove its Facilities on or in said outside Plant, or if Licensee does not notify Licensor of its desire, Licensee shall remove its Facilities from said Outside Plant within thirty (30) days after such notification from Licensor. 14. MULTIPLE LICENSEES If in Licensor's judgment, Licensee's existing Facilities on or in any Outside Plant interfere with or prevent the placement of Facilities thereon or therein by additional Licensee, and if said Facilities could be placed on or in said outside Plant by rearranging Licensee's Facilities, by rearranging Licensor's or other owners existing Facilities, or by replacing said Outside Plant, Licensor shall provide Licensee forty-five (45) days notice in writing of the need and a request to rearrange or replace its Facilities and provide Licensee an opportunity to review and comment on the request and to assist in the development of plans to accommodate the Facilities of additional Licensees. Licensee, at the sole cost and expense of the additional Licensee, shall rearrange or replace its Facilities in order to accommodate the Facilities of the additional Licensee. In the event that Licensee does not rearrange or replace its Facilities within a reasonable period of time, Licensor , at its discretion and without liability of any kind or nature to Licensee, may (a) rearrange or replace Licensee's Facilities or (b) authorize the additional Licensee to rearrange or replace Licensee's Facilities; provided however, that if Licensor elects to rearrange or replace Licensee's Facilities, the additional Licensee shall pay Licensor the cost thereof as provided in Paragraph 3 of this Agreement. 15. PERFORMANCE BY LICENSOR If Licensee should fail to perform any work which it is obligated to do under this Agreement within the time allowed for such work, Licensor may elect, by prior written notice to Licensee, to perform such work at Licensee's sole risk and expense, and Licensee shall pay Licensor upon demand Licensor's charges for performing such work. Unless otherwise provided in this Agreement, prior to the termination of this Agreement or performing work on behalf of Licensee, Licensor shall provide Licensee with a reasonable period of time in which to cure any defaults or breaches of this Agreement. 16. VOLUNTARY REMOVALS Licensee may at any time elect to permanently remove its Facilities from any said Outside Plant. In such case, Licensee shall immediately provide Licensor with written notice of such removal on the form from time to time prescribed by Licensor. Removal of said facilities from any part of said Outside Plant shall constitute a termination of Licensee's right to use such part. 17. RECURRING CHARGES For the privilege of placing and maintaining its facilities on or in said Outside Plant, Licensee shall pay to Licensor amounts set forth in "Exhibit D" which is attached hereto and hereby made a part hereof. 18. PAYMENTS All amounts payable by Licensee to Licensor under this Agreement shall, unless otherwise specified, be payable within sixty (60) days from the billing date. Balances unpaid after sixty (60) days will be subject to a late payment charges computed at the rate of eighteen percent (18%) per annum; provided however, that payment of said charge shall not waive or excuse the default. 19. DEFAULT The occurrence of any of the following shall constitute a material, substantial breach and default of this Agreement by Licensee: (a) The failure by Licensee to make any payment required to be made by Licensee hereunder a and when payable where such failure continues for ten (10) calendar days from the date of written notice of delinquency by Licensor; (b) The assignment, subletting or transfer of any interest under this Agreement in violation of Paragraph 31 of this Agreement; (c) Cancellation, revocation or termination of the franchise by the franchising authority for any franchise area subject to this Agreement after Licensee has exhausted its administrative and judicial remedies; (d) The failure of Licensee to maintain the insurance and bond requirements in compliance with Paragraphs 25 and 26 of this Agreement; (e) The occurrence of any of the events set forth in Paragraph 28 ("bankruptcy of Licensee"); (f) The failure to indemnify and hold Licensor harmless, to defend any suit or legal proceeding or to pay any claim as provided in Paragraph 23 of this Agreement; (g) Any material violations of this Agreement, including, but not limited to,, violations of Paragraph 8 ("Damage to Facilities"), Paragraph 27 ("Liens") or Paragraph[j 29 ("Confidential Information") of this Agreement. 20. BANKRUPTCY OF LICENSEE (a) The occurrence of any of the following shall constitute a default which may be a basis for termination of this Agreement: (1) Licensee files for protection under the Bankruptcy Code of the United States or any similar provision under the laws of the State of California; or (2) Licensee has a receiver, trustee, custodian or other similar official appointed for all or substantially all of its business or assets; or (3) Licensee makes an assignment for the benefit of its creditors. (b) Election to Assume Agreement In the event that a petition for reorganization or adjustment of debts is filed under chapter 11 of the Bankruptcy Code, or a proceeding is filed under Chapter 7 of the Bankruptcy Code and is converted to Chapter 11, Licensee must elect to assume this Agreement within 120 days from the filing or conversion of the petition under chapter 11, or Licensee's trustee or the debtor-in possession be deemed to have rejected this Agreement. (c) Cure or Adequate Assurance For purpose of this section, "Assurance" shall mean no less than trustee or the debtor has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure that sufficient funds will be available to fulfill the obligations of debtor under this Agreement. No election by trustee or debtor to assume this Agreement shall be effective unless each of the following conditions has been satisfied: (1) trustee or debtor has cured all defaults under the Agreement or has provided Licensor with assurance that it will cure all defaults, including, but not limited to, such defaults which are susceptible of being cured by the payment of money within 10 days from the date of assumption and all other defaults under this Agreement by the performance of any act required promptly after the date of such assumption: (2) Trustee or debtor has provided Licensor with assurance of future performance of the obligations under this Agreement and if such assurance has been provided, trustee or debtor shall also deposit with Licensor, as security for the timely payment of all monetary amounts under the Agreement, a faithful performance bond equal to two (2) years estimated semiannual charges: (3) In the event that this Agreement is assumed in accordance with the paragraphs herein and thereafter debtor is liquidated or files a subsequent petition in bankruptcy under Chapter 11 of the Code, Licensor may, at it option, terminate this Agreement and all right of debtor hereunder by giving debtor notice of election so to terminate within 30 days after the occurrence of either of such events. (d) Assignment of Agreement Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Agreement on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Licensor an instrument confirming such assumption. 21. TERMINATION Except as otherwise set forth in Paragraph 20 above, in the event of any material default or breach of this Agreement by Licensee, in addition to all other rights and remedies which Licensor may have a law or equity, Licensor shall have the immediate right to terminate this Agreement by giving Licensee thirty (30) days prior written notice of said termination: provided, however, that said notice shall specify the cause. In the event this Agreement is terminated as provided in this Paragraph 21, Licensor shall not be liable to Licensee or any other person or entity for any losses, damages or claims which may arise as a result of said termination. Licensee shall pay to Licensor any costs or expenses incurred by Licensor prior to the termination of said Agreement and Licensor shall refund to Licensee any advance payment after deducting any costs or expenses incurred prior to said termination. Any termination of this Agreement in whole or in part shall not release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, which may have accrued or which may be accruing or which arises out of any claim that may have accrued or may be accruing at the time or termination. 22. COSTS AND ATTORNEYS' FEES If Licensor or Licensee shall bring any action for any relief against the other, declaratory or otherwise, or any action by Licensor for the recovery of payments due under this Agreement, the losing party shall pay the prevailing party's costs and expenses, including reasonable attorneys' fees as ordered by the court or regulatory agency. 23. INDEMNITY Licensee shall indemnify, defend and hold harmless a "Indemnities" Licensor, its parent and affiliates, and the agents, employees, officers, directors and shareholders of Licensor and its affiliates, from and against any and all fines, penalties, losses, costs, damages, injuries, claims, expenses or liabilities (hereafter individually and collectively called ("Liabilities"), including, but not limited to, Liabilities resulting from the injury to or death of any person, or damage to or loss or destruction of any property arising out of, resulting from or in any way connected with this Agreement or the performance of this Agreement and directly or indirectly caused, in whole or in part, by the acts or omissions, negligent or otherwise, of Licensee or a contractor or an agent of Licensee or an employee or any one of them, regardless of the negligence of any Indemnitee, be it active or passive, except where such Liabilities arise from the sole negligence or willful misconduct of Licensor, its agents or employees. Licensor shall, as soon as practicable, notify Licensee of any suit or other legal proceeding asserting a claim for Liabilities. Upon request, Licensee shall, at no cost or expense to any Indemnitee, defend any such suit or legal proceeding, and Licensee shall pay any costs and attorneys' fees that may be incurred by any Indemnitee in connection with any such claim, proceeding or suit. Licensee shall also (1) keep Licensor and any other Indemnitee subject to such claim fully informed as to the progress of such defense and (2) afford Licensor and such Indemnitee, each its own expense, an opportunity to participate on an equal basis with Licensee in the defense or settlement of such claim. 24. LICENSOR'S RIGHTS Licensor reserves to itself and to each other owner of Outside Plant the right to maintain said Outside Plant and to operate their Facilities thereon or therein in such a manner as will best enable them to fulfill their own service requirements, and neither Licensor nor any said other owner shall be liable to Licensee or any third party for any interruption to Licensee's service or any interference with the operation of Licensee's Facilities arising in any manner from the use of said Outside Plant and the Facilities thereon or therein by Licensor and each said other owner. 25. INSURANCE (a) Any and all insurance and/or bonds that may be required under the law, ordinances and regulations of any governmental authority, including but not limited to, Workers' compensation Insurance, are and shall be the sole responsibility of Licensee. (b) Licensee shall maintain in force insurance coverage and levels at or above those evidenced in the Certificate of Insurance attached to this Agreement as Exhibit "E". Licensor shall be named as an additional insured on any such policies. (c) Prior to the execution of this Agreement, or if requested by Licensor at any time thereafter, Licensee shall provide Licensor with certification by a properly qualified representative of its insurer that Licensee's insurance complies with the provisions of this Paragraph 25. In addition, such certification shall describe the coverage's as being either on an "occurrence" or "claims-made" form. Workers' Compensation Insurance shall contain a waiver of subrogation against and an assignment of statutory lien to Licensor, its parent or affiliates. If requested by Licensor, Licensee shall provide to Licensor a copy of any and all policies of insurance required pursuant to this Agreement. (d) The insurance specified above shall: (1) name Licensor, its parent, affiliates, and directors, shareholders, and employees of Licensor, its parent and affiliates and "additional insured" in matters by this Agreement: (2) provide that said insurance is primary coverage with respect to all insureds: (3) contain a standard Cross-Liability Endorsement which provides that the insurance applies separately to each insured, and that the policies cover claims or suits by one insured against the other: and (4) not be terminated, called, lapsed, or materially changed without thirty (30) days prior written notice to Licensor, such notice to be provided to Licensor as specified in Paragraph 32 below ("Notice"). In the event said insurance is terminated, canceled, lapsed, or materially changed or if Licensee does not reinstate such insurance as is required under the provisions of this Paragraph 25 within fifteen (15) days after written notice to Licensor, Licensor may terminate this Agreement or, at Licensor's option and at Licensee's expense, Licensor may reinstate said insurance by purchasing policies at Licensee's expense providing the coverage set forth in this Paragraph 25. (e) All insurance policies required by this Agreement shall be issued by companies licensed to transact business in the State of California and which hold a current Policy holder's Alphabetic and Financial Size Category Rating of not less that "A" according to Best's Insurance Reports. (f) Licensee's obligations to maintain the insurance required herein, and to provide evidence of same, shall survive for a period of ten (10) years beyond the termination, cancellation, or expiration of this Agreement. If Licensee's coverage's are on "claims-made" forms, Licensee agrees to maintain such insurance and to provide Licensor evidence thereof for the period stated in this Paragraph 25(f). (g) at any time during the term of this Agreement, Licensor may require Licensee to obtain and maintain in force insurance with coverage of limits in addition to the foregoing. 26. FAITHFUL PERFORMANCE BOND Licensee may be required to furnish in an amount to be specified by Licensor to cover the faithful performance by Licensee of its obligations under this Agreement. Said bond shall be issued by a commercial bonding company selected by Licensee and satisfactory to Licensor, shall be in such form and in such amount as Licensor shall specify from time to time, shall be maintained n full force and effect throughout the life of this Agreement, and shall not be subject to termination or cancellation except upon ninety (90) days' prior written notice by Certified Mail to Licensor at the address specified in Paragraph 32 below. If Surety on the bond should give notice of the termination of said bond and if Licensee does not reinstate the bond within fifteen (15) days after written notice from Licensor, Licensor may by written notice to Licensee, terminate this Agreement and/or revoke permission to use the outside Plant covered by an or all applications submitted by Licensee hereunder, and Licensee shall remove, subject to the provisions of Applicable Construction Requirements, its Facilities from the Outside Plant to which said termination applies within thirty (30) days from such notification. 27. LIENS Licensee and its contractors shall keep said Outside plant free from any statutory or common law lien arising out of any work performed, materials furnished or obligations incurred by Licensee, its agents or contractors. Licensee agrees to defend, indemnify and hold Licensor harmless from and against any such liens, claims or actions, together with costs of suit, and reasonable attorneys' fees incurred by Licensor in connection with any such claim or action. In the event that there shall be recorded against said outside Plant any claim of lien arising out of any such work performed, materials furnished or obligations incurred by Licensee or its contractors and such claim of liens not removed within ten (10) days after notice is given by Licensor to Licensee to do so, Licensor shall have the right to pay and discharge said lien without regard to whether such lien shall be lawful, valid or correct. Licensee shall, within thirty (30) days after written notice from Licensor, reimburse Licensor for any such claim paid by it. 28. CONFIDENTIAL INFORMATION Any specifications, drawings, sketches, models, samples, tools, computer programs, technical information, confidential business, customer or personnel information or dates, written, oral or otherwise (all referred to as "Information"), obtained by Licensee from Licensor under this Agreement shall remain Licensor's property. All copies of such Information in written, graphic or other tangible form shall be returned to Licensor upon request. Unless such Information was previously known to Licensee to be free of any obligation to keep it confidential or has been or is subsequently made public by Licensor or a third party, it shall be kept confidential by Licensee, shall be used only in performing hereunder, and may be used for other purposes only upon such terms as may be agreed upon in writing. Except with Licensor's prior written agreement, Information which Licensee may disclose hereunder to Licensor shall be deemed non confidential, nonproprietary, and free from all restrictions on use or disclosure. If Licensee provides Licensor with any proprietary or confidential Information which is conspicuously marked as such, Licensor shall use the same degree of care to prevent its disclosure to others as Licensor with respect to its own proprietary or confidential Information. 29. PUBLICITY Licensee agrees to submit to Licensor all advertising, sales promotions and other publicity relating to this Agreement or the work performed hereunder, wherein the name of Licensor or Licensor's parent or affiliates is mentioned, or wherein language, signs, markings or symbols are used from which name of Licensor or Licensor's parent or affiliates may, in Licensor's judgment, be reasonably inferred or implied. Licensee further agrees not to publish or use such advertising, sales promotion or publicity without the written approval of Licensor. 30. NO AGENCY RELATIONSHIP Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto other than the relationship of Licensor and Licensee. Licensee hereby declares and agrees that it is an independent Agency and is not an agent, employee or representative of Licensor. Licensee further agrees throughout the term of this Agreement that no contractor, employee, agent, representative or officer of Licensee shall represent to any third party that he/she is an employee, agent or contractor of Licensor and that Licensee's employees, agent and contractors shall conduct themselves in a professional manner and properly identify their name and company name when called upon to do so by any third party who has a right to know (e.g., property owners, law enforcement personnel, employees or agents of Licensor). Licensee shall be solely responsible for compliance with all applicable laws governing employment and for Licensee's own acts and those of its employees, agents and contractors during the performance of obligations under this Agreement. 31. ASSIGNMENT Licensee shall not, without the prior written consent in writing of Licensor, assign, transfer, sublet this Agreement or permit any other person or entity to use any of its Facilities placed in or on Licensor's Outside Plant. Licensor shall not unreasonably delay its consent. Any attempted assignment in contravention of this paragraph shall be null and void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, successors and assigns of the parties hereto. 32. NOTICE Wherever in this Agreement notice is provided or required to be given by either party hereto to the other such notice shall be in writing and transmitted by mail or by personal delivery to Licensor at its office at 1265 Van Buren Av., Rm 210A Anaheim, CA 92807 Attention: _ Structure License Coordinator and to Licensee at its office at 1635 Faraday Ave. Carlsbad Ca. 92008 Attention: Gary Hornby or to such other address as either party hereto may, from time to time, designate in writing for that purpose. 33. GENERAL PROVISIONS (a) Filing with California Public Utilities Commission Licensor declares that the filing of this Agreement with the California Public Commission pursuant to the procedural requirements of General Order 96A is not to be construed as a public offering by Licensor of the services or Facilities provided herein. This Agreement shall be subject to such changes or modifications as may be required or authorized by any regulatory commission in the exercise of its lawful jurisdiction, tribunal or court of competent jurisdiction. (b) Executive Orders Exhibit "F" (Executive Orders and Associated Regulations) is hereby made a part of this Agreement. (c) Applicable Law This Agreement shall be construed in accordance with the laws of the State of California. (d) Time of Essence Time is of the essence of this Agreement. (e) Force Majeure Except for the payment of moneys due under this Agreement, neither party shall be deemed in default hereunder to the extent that any delay or failure in the performance of its obligations results from causes beyond its reasonable control and without its fault or negligence. In the event of any such excused delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay. If any excused delay occurs, the party unable to perform shall give immediate notice to the other party, while simultaneously seeking, in good faith to utilize reasonable alternative means for accomplishing the purpose of this Agreement and preventing delay. (f) No Third Party Beneficiaries Except as otherwise provided in this Agreement, the provisions of said Agreement are for the benefit of the parties hereto and not for any other person. (g) Waiver Waiver by either party of any provision of this Agreement, or of default or breach by the other party, shall not be deemed a general waiver of provisions, or as a waiver by the nondefaulting party of any subsequent default or breach, (h) Modification and Amendments No provision of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the authorized representative of the party against whom it is sought to enforce such waiver, amendment or modification. (i) Entire Agreement/conflict with Prior Agreements This Agreement, the Applicable Construction Requirements, as they may be modified, and the Exhibits attached hereto or referenced herein constitute the entire Agreement between the parties with respect to the subject matter thereof. Except as otherwise provided in the Agreement, all prior agreements, representations, statements, negotiations, understandings and undertakings are superseded hereby. (j) No Exclusive Rights Nothing herein contained shall be construed as affecting any rights or privileges previously conferred by Licensor or any other owner of an interest in or of Facilities on or in said Outside Plant, by contract or otherwise, upon others to use any Outside Plant covered by this Agreement: and Licensor and each other such owner shall have the right to continue and extend such rights or privileges. The privileges herein granted to Licensee shall at all times be subject to any such existing contracts and arrangements. SIGNATURE PAGE TO FOLLOW EXECUTED THIS day of , 20. LICENSOR: PACIFIC BELL By: (SIGNATURE) NAME: TITLE: LICENSEE CITY 'TSKjNATURE) NAME: Claude A. Lewis (PRINT NAME) TITLE: Mayor APPROVED AS TO FORM 8 SEC,-LINE J240-7£36 C7? jmn^. cUflLSEAOSOUTH MiSC CNOT *«r|WlT«o. O/v-,/ (2) NEW 4"<X,FOR SAFETY CENTERINTERCONNECTIONS, WITH CABLINGS.) :<& FOR TELEPHONE SERVICE FOR CATV SERVICEFOR SAEETX CEN1FB.... j 'E£T!ONS, WITH CA8UNCS. READER UA1E OPENER, TYP 2. 5X MSB- .3 V- T M A D - TAYLOR & I GAIN ES •«*• 800 North Ferrari Lane, Suite 100 Ontario, California 91764 Phone: 909.477.6915 Fax: 909.477.6916 www.ttgcorp.com Project No. 2008.040.00 Iaa* afv r rrmdesigngroup creating environments people enjoy™ CARLSBAD FIRST RESPONDER TRAINING FACILITY ADDENDUM 2 EXHIBIT AD02-1 -01 Sheet No B-1.2 gy AS ChecM , MS Date ^ .-^3/^/2010 Job No IJ5Z570 ?.'flla NTS I r;:|iOWER F4R GATE OPENER. TYP 2. (2)4"C, FOR SAFETY WTERCONNECTIONS STUB-UP INSIDE KEY NOTES nnra T M A D TAYLOR & . ELECTRICAL GAINES •<-»«. 800 North Ferrari Lane, Suite 100 Ontarfo, California 91764 Phone: 809.477,6915 Fax: 909.477.6916 www.tt.qcorp.corn Project No. 2008.040.00 O> (1) 2" CONDUIT ORE ALARM, (1) 2" CONDUII SPAKE KGK KIKEv ALARM. <8> FEEDERS MSB-2, 5, 8 AND 9. PROVIDE ADDITIONAL (2) 4"C., FOR SAFEFT CENTER INTERCONNECTIONS. (1) 4"C. WTH 100 PR OSP 24 AWK TWIStED PAIR FOR PHONE AND THE OTHER (1) 4"C. VWTH 12 STRAND FIBER 6 2.5/128 um. N rrmdesigngroup creating environments people enjoy*" CARLSBAD FIRST RESPONDER TRAIN ING FACILFfY ADDENDUM 2 EXHIBIT AD02-E-02 Sheet No. ....... Ify _____ ..... ,... Checked _ §LL2 ................... AS MD AA Aw. Scale 1107570 NTS ; -"•. •••* WON+5,W3&^™^Kr"sn-^i i i ORIGINAL cur OF CARLSBAD^ Information Technology Department Exhibit B The attached plans show existing conduit for the City of Carlsbad communications and Pacific Bell facilities for this site. The City's goal is to get City provided communications cable from the Safety Center site to the new JFRTF building. According to the plans and a City survey there are two 4" Pacific Bell conduits and two 4" City owned conduits. The City conduits are connected to the Pacific Bell vaults (MH1062 and MH1063). There are also four 4" conduits to the Safety Center from MH1063 (two Pacific Bell and two city). The City would like to utilize the City Communication conduits for this new project. The City does not wish to use Pacific Bell conduit BUT would like to run City owned cable through the two vaults MH1062 and MH1063 via the City owned conduits. The City would also like to connect two additional 4" conduits to MH 1062 to accommodate City facilities. The City is willing to adhere to Pacific Bell specifications when accessing through these vaults. at&t Form CO 4927 A.G. SEC.2 REV. 3-06 PERMIT TO ATTACH/OCCUPY TO LICENSEE: STREET: CITY: ATTENTION: LOCATION: ST:ZIP: APPL REF # AGREEMENT NUMBER: AGREEMENT DATE: JOB NUMBER: APPLICATION ID The necessary changes and /or rearrangements to accommodate your facilities on or in our poles or conduit located (as outlined in the above-identified application) have been completed. This notification is your authorization to begin the installation, rebuild, reinforcement and/or rearrangement covered by said application, subject to the terms and conditions of the above-named license agreement, contingent upon the following. 1. Completion of your work within 270 days from the date of this notice. See Approved Job Details/Const. Drawings 2. Return of this notice upon completion of said work. Failure to meet any of the above conditions may result in revocation of the permission hereby granted. LICENSOR: FAdl-lC bfcLL 1 bLKFHUNt; UUMHAN Y dba SIGNED: TITLE: Structure Access Manager Al&l Calitornia DATE: CONDUIT: # NEW ATTACH: DATE TO SLIMS BILLING: # REBUILD: #DEV: NOTICE OF COMPLETION (to Licensor) We hereby notify you that the work authorized above has been completed and is ready for your inspection. We certify that in conjunction with this work attachments of strand and attachments of other equipment have been made to your poles as authorized. In addition,feet of conduit have been occumpied. We understand that we must notify you of all aerial service drops subsequently installed on poles in the vicinity of the attachments described above. LICENSEE: SIGNED: DATE: TITLE: 1st Inspection NOTICE OF INSPECTION (to Licensee) An inspection of the facilities described above has been conducted, pursuant to the above referenced license agreement. Our findings are outlined on the attached worksheet. Based on these findings, you are hereby notified: | | that your facilities have passed our inspection. | \ to correct the violations outlined on the attached and notify us of your compliance within 45 days. Failure to do so within the allotted time may prompt us to enforce correction pursuant to our license agreement with you. LICENSOR: PACIFIC BELL TELEPHONE COMPANY dba AT&T Californi; DATE: SIGNED: TITLE: NOTICE OF CORRECTION (to Licensor) We hereby notify you that the violations cited above have been corrected and that our facilities are ready for your immediate re-inspection. LICENSEE: SIGNED: DATE: TITLE: at&t EXHIBIT D / APPENDIX 1 Pacific Bell ANNUAL FEES FOR POLE ATTACHMENTS AND CONDUIT OCCUPANCY Year Pole Attachment Rate 2010 $4.87 Year Conduit Occupancy Rate 2010 (Innerduct) $0.45/ft. All pole and conduit license fees are for a period of one year from January 1 through December 31, effective January 1, 2010 and billable semiannually in advance in January and July of each year. D-l Revised 9/07 {exhibit d- revised 2010-rates (2)) at&t EXHIBIT D / APPENDIX 1 Pacific Bell ANNUAL FEES FOR POLE ATTACHMENTS AND CONDUIT OCCUPANCY Year Pole Attachment Rate 2011 $4.83 Year Conduit Occupancy Rate 2011 (Innerduct) $0.47/ft. All pole and conduit license fees are for a period of one year from January 1 through December 31, effective January 1, 2011 and billable semiannually in advance in January and July of each year. D-l Revised 9/07 (2011 exhibit d-rates) CO LTR TYPE OF INSURANCE GENERAL LIABILITY ADDL !NSR SUBR WVO I POLICY NUM8SR | POLICY EFFECTIVE i DATE (MWDD/YY) ; POLICY EXPIRATION DATE (fUM/OBmi f LIMITS bENL AGGREGATE 1 i POLICY 'I i :- LIMIT APPLIES PER PRO- , ' ,of. JffiT . : IUV ' AUTOMOBILE LIABILITY ' " ANY AUTO j ; i GENERAL AGGREGATE : lii pRorajcTs-coMWAGG. ; : ! | COMBINED SINGLE UMT I CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YYYY) 08/10/2010 PRODUCER ALLiANT INSURANCE SERVICES, INC. P.O. Box6450 • Newport Beach, CA 92658-6450 Ph (949) 756-0271 / Fax (949) 756-2713 License No. OC36861 NSURED _ ________„ CALIFORNIA MUNICIPAL EXCESS LIABILITY PROGRAM (CAMEL) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. COMPANY LETTER A EVEREST NATIONAL INSURANCE COMPANY 1 COMPANY | LETTER I COMPANY 1 LETTER 1 COMPANY I IFTTFR I COMPANY £ ! FTTFJi B C D E CITY OF CARLSBAD ATTN: ERINLETSCH 1635 FARADAY AVE. CARLSBAD. CA 92008-1089 COVERAGES ~ " " THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 8ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE TOR 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, EXCLUSION AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAf D CLAIMS, COMMERCIAL GENERAL LIAHUTY CLAIMS MADE OCCUR MED. EXPiMSE (Any MB person) PERSONAL & ADV. INJURY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS (Ea Accident! SOO LY INJURY (Pwi Ptfllrtwi) BODILY INJURY (Pef Accident) (pBrAci-Jflent) EXCESS LIABILITY UMBRELLA FORM ANML PROGRAM 71A2040000-101 07/01/10 07/01/11 * AGGREGATE $10,000,000 $5,o~oo~o6o I X MUNICIPAL LIABILITY j X '' ] SELF-INSURED rtP I fcNliON |X 1 AUTOMOBILE uAHurv . ; \ \ f^S^ ' i*"™xe WORKER'S COMPENSATION : IAN0 EXPLORERS IABIHTY i *NYPRQPRIETORY/PARTNEWEXEG i SOFFKERIMEMBEREXaLUDEO' ; (MANBATOKY IN NM) IF YES, DESCRIBE UNDER DESCRIPTION OF OPERATIONS SELOW i , EXCESS WORKERS' COMPENSATION ANDJ jEMPLOYERS' UABIUTY 1 j $500,000 $1,000,000 5 WCSTATU : OTH — Ri- LIMIT CP e L DIStASE E.A tMPI OYEE • E.L DISEASE— POLICY LIMIT j j OTHER i*ANNUAL AGGREGATE APPLIES TO EACH ENTITY FOR PRODUCTS/COMPLETED OPERATIONS. DESCRIPTION Of OPERATIONS'LOCATIONSWEHICLES/SPECIAL ITEMS AS RESPECTS POLE CONDUIT LICENSE AGREEMENT IN THE AREAS IN OR NEAR ORION STREET AND ORION WAY CARLSBAD, CALIFORNIAAT&T CALIFORNIA IS INCLUDED AS ADDITIONAL INSURED SOLELY WITH RESPECT TO BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF OPERATIONS AS DESCRIBED BY OR ON BEHALF OF THE NAMED INSURED PER ATTACHED ENDORSEMENT. SUBJECT TO POLICY TERMS. CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER AT&T CALIFORNIA ATTN: JEFF WOLF 1265 VAN BUREN AVE.. RM 210AANAHEIM, CA 92807 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. HUM 205100709 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED ADDITIONAL INSURED ENDORSEMENT — PRIMARY/NON-CONTRIBUTORY This endorsement modifies Insurance provided under the following: SPECIAL EXCESS LIABILITY POLICY FORM FOR PARTICIPANTS OF THE ALLiANT NATIONAL MUNICIPAL LIABILITY PROGRAM SCHEDULE OF ADDITIONAL INSUREDS ADDITIONAL INSURED SPECIFIED CONTRACT CONTRACT DATE Where required by contract SPECIAL NOTE: THE INSURANCE POLICY TO WHICH THIS ENDORSEMENT APPLIES PROVIDES THE "COMPANY" THE RIGHT, BUT NOT A DUTY, TO DEFEND THE "PARTICIPATiNG NAMED INSURED" IN A "CLAIM" OR "SUIT", IN ADDITION THIS POLICY PROVIDES INSURANCE IN EXCESS OF A "RETAINED LIMIT" THE ADDITIONAL INSUREO(S) LISTED ABOVE WILL BE SUBJECT TO THE SAME POLICY TERMS, CONDITIONS AND LIMITATIONS PROVIDED TO THE "PARTICIPATING NAMED INSURED". 1. The following is added to SECTION II. WHO IS AN INSURED: Any person(s), entity(ies), or organizations) listed in the Schedule of this endorsement to whom the "participating named insured" is obligated by virtue of a written contract to provide insurance solely with respect to "bodily injury" and "property damage" is an additional insured. 2. The Limits of Insurance afforded under this endorsement to such scheduled person(s), entity(ies), or organizations(s) will be limited to the limits of insurance required within the terms of the written contract or the limits of insurance of this policy, whichever is less. We will not be obligated for limits of insurance shown in the written contract that are greater than the limits of insurance of this policy. 3. The following is added to Section IV Commercial General Liability Conditions: If any primary insurance is held by the person(s), entity(ies), or organization(s) named in the Schedule of this endorsement. this insurance is primary to that other insurance, but will apply in excess of the "participating named insured's" "retained limit" shown in the participating endorsement We shall not seek contribution from the other insurance held by the person(s), entity(ies), or organizations) named above for amounts payable under this insurance. This condition applies only with respect to liability for "bodily injury" or "property damage" arising solely out of the negligent acts of the "participating named insured". 4. However, Paragraphs 1, 2, and 3. above do not apply to a person(s), entity(ies) or organization(s) unless the "participating named insured" had a specific written contract from that person entity(ies) or organization(s) that: a. This insurance be primary; b. They be an additional insured on this policy: and The "participating named insured" received such request prior to the date that the "participating named insured's" operations for that person(s), entity(ies) or organization(s) commenced EUM 205100709 Copyright, Everest Reinsurance Company, 2009 Includes copyrighted material of Insurance Services Office, Inc. used with its permission ACOffiCL CERTIFICATE OF LIABILITY INSURANCE PRODUCER (714)221-1800 FAX: (714)221-4196 Brown & Brown of California, Inc. 500 N, Stata College Blvd. Suite 400 Orange CA 92868 INSURED City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 DATE (MM/DDAYYYY) 8/10/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURER A Safety National Casualty 15105 INSURER 8: INSURER C INSURER D: INSURER £ COVERAGES 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. AGRRERATE LIMITS SHOWN MAY HAVE RFPN RFnUCm.BY PAID CLAIMS INSRLTR A AOD'LNSRD TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIASI UTY 1 CLAIMS MADE | | OCCUR GEN-L AGGREGATE LIMIT APPLIES PER: POLICY 1 1 JB^T 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OVWIED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OVWJED AUTOS OARAGE LIABILITY _| ANY AUTO EXCESS/UMBRELLA LIABILITY _| OCCUR ] 1 CLAIMS MADE DEDUCTIBLE 1 RETENTION S WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPWETOR/PA.RTN6FUEXECUTIVE OFFICER/MEMBER EXCLUDED? tf yes. describe under SPECIAL PROVISIONS oelow OTHER POLICY NUMBER OP4042147 POLICY EFFf CTIV6DATE (MWDWYY) 7/1/2010 TOLICY EXPIRATIONDATE(M1WDD/YY) 7/1/2011 LIMITS EACH pCCURRENCEDAMAGE TO RENTEDPREMISES fia occurrence* MED EXPJAnjjxw person) PtKSOINAL « ALJV INJUKY GENERAL AGGREGATE .PSCDUCTS • COMP/QP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY{Per accident) PROPERTY DAMAGE (Per accident! .AUTO ONLY . EA ACCIDENT OTHER THAN AUTO ONLY: EAACC AGG EACH OCCURRENCE AGGREGATE v \ WUStATU-X 1 TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE • POLICY LIMIT s $ s S s s s $ $ s s s s $ s *$ s s 2,000,000 j 2,000,000 $ 2,000,000 DESCRIPTION OF OPERA TTONS/tOCATIONS/VEHlCLES/EXCLUEiONE ADDED BY ENDORSEMENTfSPEClAL PROVISIONS Excess Workers Compensation Limit of Indemnity Each Occurrence: Statutory; Self Insured Retention: $1,000,000 Police/Firefighters and $750,000 All Other, *10 days notice of notice of cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION ATST Attn: Jeff Wolf 1265 Van Buren Av. , Ra 210A Anaheim, CA 92807 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MftH 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) INS025(Oi08).08a © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 certificate holder in lieu of such endorsements) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) Page 2 of 2