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21-201 Encroachment Agreement, GTE Mobilnet of California Limited Partnership, dba Verizon Wireless, R.O.W, near 20739 Scofield DriveThis Encroachment Agreement (“Encroachment Agreement”), made as of the last date signed below (“Effective Date”) between the City of Cupertino, a political subdivision of the State of California, hereinafter designated “Licensor” and GTE Mobilnet of California Limited Partnership, d/b/a Verizon Wireless, with its principal offices at c/o Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated “Licensee”: 1.Encroachment Agreement. This is an Encroachment Agreement as referenced in that certain Small Cell License Agreement between Licensor and Licensee dated May 16, 2017 ("Agreement"). This Encroachment Agreement shall serve as an encroachment license. All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Encroachment Agreement, the terms of the Encroachment Agreement shall govern. Capitalized terms used in this Encroachment Agreement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2.Project Description and Locations. Licensee shall have the right to use the ROW for a Small Cell at the designated areas in the ROW as further described in Attachment 1 attached hereto (the “Licensed Area”). 3. Equipment. The Small Cell to be installed at the Licensed Area is described in Attachment 1 attached hereto. 4.Term. The term of this Encroachment Agreement shall be as set forth in Section 2 of the Agreement. 5.Fees. The initial annual Rent for the term of this Encroachment Agreement shall be Three Hundred Dollars ($300) and paid in accordance with Paragraph 5.1 of the Agreement, as amended by Section 4, to that certain Settlement Agreement and Mutual Release entered into between Licensor and Licensee dated October 4, 2017, and as adjusted by Paragraph 5.2 of the Agreement. 6.Commencement Date. The first day of the month following the date Licensee has Commenced Installation of its Equipment at the Licensed Area. 7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a CA_SJ_CUPERTINO_333 (NEAR) 20739 Scofield Dr, Cupertino, CA 95014 ENCROACHMENT AGREEMENT 545471DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Encroachment Agreement. Notice of Licensee's exercise of its right to terminate shall be given to Licensee in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date shall be retained by Licensor. Upon such termination, this Encroachment Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Rent to Licensor. 8.Miscellaneous. N/A [Signature page follows] DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 EXECUTED to be effective as of the last date shown below. LICENSOR: City of Cupertino, a political subdivision of the State of California By: ___________________________ Name: _________________________ Title: __________________________ Date: ___________________________ ATTEST: Date: ___________________________ APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Print Name: _____________________ Date: __________________________ City Attorney LICENSEE: GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS by Cellco Partnership, its General Partner By: Date: ______________________________ Name: Alba Barber Title: Senior Real Estate Manager Exhibits: Attachment 1 , Clerk DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 Aug 25, 2021 Aug 25, 2021 Christopher D. Jensen City Engineer Aug 27, 2021 Chad Mosley Aug 27, 2021 Attachment 1 Licensed Area See attached. DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 T-1 TITLE SHEET DRAWN BY: CHECKED BY:BM APE IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT 0 03/08/21 100% CD REV DATE DESCRIPTION MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 APPROVED BY:LJB CA_SJ_CUPERTINO_333 VERIZON WIRELESS 2785 MITCHELL DRIVE, SUITE 9 WALNUT CREEK, CA 94598 (NEAR) 20739 SCOFIELD DR CUPERTINO, CA 95014 1 04/28/21 100% CD PLAN CHECK SITE INFORMATION SITE ADDRESS: OWNER: APPLICANT: LATITUDE: LONGITUDE: COUNTY: ASSESSORS PARCEL NUMBER: ZONING: ELEVATION: CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO, CA 95014 VERIZON WIRELESS 2785 MITCHELL DRIVE, SUITE 9 WALNUT CREEK, CA 94598 37° 19' 16.144" N NAD83 122° 2' 12.534 W NAD83 SANTA CLARA PUBLIC RIGHT OF WAY NEAR 35909016 CITY OF CUPERTINO 253.74' AMSL VICINITY MAPPOLE PHOTO N DRAWING INDEX T-1 SHEET NO. TITLE SHEET T-2 GENERAL NOTES A-1 SITE PLAN & ENLARGED SITE PLAN A-2 A-4 ELEVATIONS CIRCUIT DIAGRAM D-1 DETAILS CODE COMPLIANCE ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES. ·2019 CALIFORNIA CODE ·2019 CALIFORNIA BUILDING CODE (CBC), BASED ON THE 2018 IBC ·2019 CALIFORNIA RESIDENTIAL CODE (CRC), BASED ON THE 2018 IRC ·2019 CALIFORNIA ELECTRICAL CODE (CEC), BASED ON THE 2017 NEC ·2019 CALIFORNIA MECHANICAL CODE (CMC), BASED ON THE 2018 UMC ·2019 CALIFORNIA PLUMBING CODE (CPC), BASED ON THE 2018 UPC ·2019 CALIFORNIA GREEN BUILDINGS STANDARDS CODE (CALGREEN) ·2019 CALIFORNIA FIRE CODES WITH ALL LOCAL AMENDMENTS ·ANY LOCAL BUILDING CODE AMENDMENTS TO THE ABOVE ·CITY / COUNTY ORDINANCES SHEET TITLE E-1 ELECTRICAL GENERAL NOTES E-2 ONE-LINE DIAGRAM & GROUNDING SCHEMATIC E-3 ELECTRICAL DETAILS ACCESSIBILITY REQUIREMENTS FOR PERSONS WITH DISABILITIES: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. ACCESSIBILITY IS NOT REQUIRED IN ACCORDANCE WITH CALIFORNIA ADMINISTRATIVE STATE CODE PART 2, TITLE 24, CHAPTER 11B, SECTION 1103B. 20739 SCOFIELD DR SURVEY PROJECT TEAM PROJECT DESCRIPTION D-2 DETAILS THE UTILITIES SHOWN HEREIN ARE FOR THE CONTRACTORS CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT SHOWN ON THESE PLANS. THE ENGINEER/SURVEYOR ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ALL THE UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO THE (E) UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. CALL 811 BEFORE YOU DIG IT'S THE LAW MODUS PROJECT MANAGER: MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 PHONE: (415) 989.1102 EMAIL: VERIZONPOLYGONTEAM@MODUS-CORP.COM CONSTRUCTION/IMPLEMENTATION MANAGER: MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 PHONE: (415) 989.1102 EMAIL: VERIZONPOLYGONTEAM@MODUS-CORP.COM A&E PROJECT MANAGER: MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 PHONE: (415) 989.1102 EMAIL: VERIZONPOLYGONTEAM@MODUS-CORP.COM APPLICANT: VERIZON WIRELESS 2785 MITCHELL DRIVE, SUITE 9 WALNUT CREEK, CA 94598 CONTACT: CHRIS MOLLER PHONE: (925) 339.2778 EMAIL: CHRIS.MOLLER@VERIZONWIRELESS.COM LAND USE PLANNER: MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 PHONE: (415) 989.1102 EMAIL: VERIZONPOLYGONTEAM@MODUS-CORP.COM SITE ACQUISITION: MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 PHONE: (415) 989.1102 EMAIL: VERIZONPOLYGONTEAM@MODUS-CORP.COM SITE C-1 A-3 ELEVATIONS VERIZON WIRELESS PROPOSES TO INSTALL A NEW WIRELESS COMMUNICATION SITE ON A LIGHT POLE IN THE PUBLIC RIGHT-OF-WAY. SCOPE: ·INSTALL (2) 5G ANTENNA/RADIOS INSIDE NEW FRP CONCEALMENT SHROUD ON TOP OF POLE ·INSTALL (1) NEW DISCONNECT / SMART METER ON SIDE OF POLE ·INSTALL NEW POLE AND FOUNDATION TO REPLACE EXISTING D-3 POLE SPECS (NEAR) 20739 SCOFIELD DR CUPERTINO, CA 95014 (NEAR) 20739 SCOFIELD DR CUPERTINO, CA 95014 CA_SJ_CUPERTINO_333 SITE ID: SITE TYPE: POLE #: CX PROJECT ID: COUNTY: PSLC: CA_SJ_CUPERTINO_333 LIGHT POLE TBD 20191962612 SANTA CLARA 545471 D-4 CITY STANDARD DETAILS DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 S / L S / L S / L S / L S / L S / L FIBER F I B E R F I B E R FI B E R FI B E R FI B E R S / L S / L S / L S / L S / L S / L S / L S / L S / L S / L S / L S / L S/L S / L DRAWN BY: CHECKED BY:BM APE IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT 0 03/08/21 100% CD REV DATE DESCRIPTION MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 APPROVED BY:LJB CA_SJ_CUPERTINO_333 VERIZON WIRELESS 2785 MITCHELL DRIVE, SUITE 9 WALNUT CREEK, CA 94598 (NEAR) 20739 SCOFIELD DR CUPERTINO, CA 95014 1 04/28/21 100% CD PLAN CHECK A-1 SITE PLAN 1ENLARGED SITE PLAN N SITE PLAN3 N 3 A-1 ENLARGED SITE PLAN 1&2 A-31&2 A-2 (E ) L A N D S C A P E 1/16"=1'-0" SCALE 1/2"=1'-0" SCALE (N) LIGHT POLE & FOUNDATION PLACED EQUIDISTANT BETWEEN STOP SIGN LINE AT SCOLFIELD DR AND (E) GRAVEL DRIVEWAY (N) LOCATION OF VERIZON WIRELESS ANTENNA IN FRP SHROUD MOUNTED ON LIGHT POLE 7'-6" ± B A C K O F P O L E T O R O W L I N E (N) LOCATION OF VERIZON WIRELESS ANTENNA AND EQUIPMENT WE S T E R N D R A.P.N.: 35909016 ELECTRICAL LINE STREET LIGHT LINE E S/L FIBER LINE(S)FIBER LEGEND (N) STEEL MAST ARM (N) LUMINAIRE N1 N C 2 N C 3 (E) SHRUB, TYP. (E) LANDSCAPE (E ) DR I V E W A Y (E) MANHOLE, TYP. (E ) LA N D S C A P E (E) FACE OF THE CURB SCOFIELD DR N C 4 20715 SCOFIELD DR CUPERTINO, CA 95014 SECTOR AZIMUTH 270 5G B SECTOR AZIMUTH 90 5G A N2 NOTE: 1. FIBER PULLBOX EXACT LOCATION TO BE VERIFIED IN FIELD 2. CITY SERVICE PULLBOX AT POC TO BE LOCATED WITHIN 10' FROM PG&E VAULT 3. UPON COMPLETION OF CONSTRUCTION, RESTORE LANDSCAPE AND IRRIGATION TO LIKE OR BETTER CONDITION, TEST IRRIGATION. 4. UPON COMPLETION OF CONSTRUCTION, NOTIFY THE CITY OF NEW STREETLIGHT INSTALLATION SO THAT NEW BADGE ID NUMBER CAN BE PLACED BY THE CITY ONTO THE NEW STREETLIGHT POLE 2ENLARGED POC PLAN NTS SCALE (N) CONDUIT TRENCHING, SEE DETAIL 1/D-4 (E) WOOD UTILITY POLE, REMOVE (E) LUMINAIRE (N) CITY SERVICE PULLBOX (E) FACE OF THE CURB (N) 2'-6" x 4'-0" x 6" THICK CONCRETE CAP PER CITY STANDARDS 6 " M I N . NOTE: CARRIER GROUND WIRE TO BE LABELED VERIZON IN CITY ELECTRIC PULLBOX (E) FACE OF THE CURB N C 1 36' 1 1 " P R O P O S E D P O L E T O # 2 0 7 3 9 B L D G C R N R S C O F I E L D D R 2'-0" ± F O C T O C E N T E R O F P O L E (E) LANDSCAPE (E) FACE OF THE CURB (E) TREE, TYP. (E) SHRUB, TYP. (E) STREET LIGHT PULLBOX (E) FIRE HYDRANT (E) POLE (E) STREET SIGN, TYP. (E) DRIVEWAY (E ) CO N C R E T E S I D E W A L K (E ) FE N C E (E) FENCE 7'-6 " ± B A C K O F P O L E TO R O W L I N E 2'-0 " ± F O C T O CEN T E R O F P O L E 5 8 ' 2 " P O L E T O U T I L I T Y W I T H S E C O N D A R Y 20739 SCOFIELD DR CUPERTINO, CA 95014 ( E ) D R I V E W A Y (E) INLET (E) DRIVEWAY (N) PG&E VAULT (N) CITY SERVICE BOX (E) GUY WIRE SCOFIELD DR SCOFIELD DR (E) FACE OF THE CURB (E) FACE OF THE CURB (E)LANDSCAPE (E)CONCRETE SIDEWALK (E) PG&E TRENCH SEE DETAIL 8/E-3 (N) PG&E VAULT N C 4 NC4 (E) FIRE HYDRANT 2 A-1 ENLARGED FOC PLAN 36 ' 1 1 " P R O P O S E D P O L E TO # 2 0 7 3 9 B L D G C R N R SCOFIELD DR PR O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PROPERTY LINE PR O P E R T Y L I N E (E) CROSSWALK No facilities to be placed in gravel dwy Mark location for City review and approval before start of construction. Coordinate with Steven Pagan, City of Cupertino, 408-777-3260. Take photos of jobsite prior to start of construction and at completion and submit to City. Contact Jerry Anderson of City for streetlight ID labels. STOP limit line Take before and after photo here too. Brick landscape edge to be protected in place. Take photos of jobsite prior to start of construction and at completion and submit to City. Modus to work with PGE to remove this wood pole mounted streetlight DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 SHUTDOWN DRAWN BY: CHECKED BY:BM APE IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT 0 03/08/21 100% CD REV DATE DESCRIPTION MODUS, LLC 240 STOCKTON ST., 3RD FLOOR SAN FRANCISCO, CA 94108 APPROVED BY:LJB CA_SJ_CUPERTINO_333 VERIZON WIRELESS 2785 MITCHELL DRIVE, SUITE 9 WALNUT CREEK, CA 94598 (NEAR) 20739 SCOFIELD DR CUPERTINO, CA 95014 1 04/28/21 100% CD PLAN CHECK A-2 EXISTING & PROPOSED ELEVATIONS 12PROPOSED ELEVATIONNOT USED 1/2"=1'-0" SCALE 1/2"=1'-0" SCALE EXISTING SURFACE 0'-0" AGL 7'-6" BACK OF POLE TO ROW LINE 4 D-2 (N) FOUNDATION (N) 6'-0" MAST ARM NOTES: 1. ALL NEW ANTENNAS, BRACKETS, AND OTHER EQUIPMENT WILL BE PAINTED TO MATCH LIGHT POLE. 2. ALL EXISTING SIGNAGE TO BE RELOCATED SHALL BE FASTENED USING 1/2" STEEL BANDING (N) LIGHT POLE (N) (2) 5G ANTENNAS IN FRP SHROUD 6 D-1 (N) FRP CONCEALMENT SHROUD 1 D-1 T.O. (N) STEEL LIGHT POLE 30'-0" AGL RAD CENTER OF (N) 5G ANTENNA 31'-7" AGL T.O. (N) CONCEALMENT SHROUD 35'-6" AGL 8 D-1 3 E-3 B.O. (N) DISCONNECT 7'-0" AGL T.O. (N) DISCONNECT 8'-9" AGL (N) SMART METER / DISCONNECT w/ SHUTDOWN SIGNAGE 4 D-1 5 D-1 PORT HOLE LOCATION FOR DISCONNECT 1 D-2 (N) LUMINAIRE 1 D-3 7 E-3 T.O. (E) LIGHT SENSOR 31'-8" AGL (N) NOTICE SIGNAGE, TYP. OF (1) FACING STREETSIDE 9 D-1 T.O. (N) NOTICE SIGNAGE 25'-2" AGL DocuSign Envelope ID: DC26C30C-19B1-4FC4-883F-89515334CDD9DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 Certificate Of Completion Envelope Id: DC26C30C19B14FC4883F89515334CDD9 Status: Completed Subject: Please DocuSign: CA_SJ_CUPERTINO_333_Encroachment Agreement Source Envelope: Document Pages: 7 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 14 BRYAN MCCAFFERY AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 92 Bay Street Glens Falls, NY 12801 modusdocusign@modusllc.com IP Address: 24.7.112.21 Record Tracking Status: Original 7/19/2021 12:18:01 PM Holder: BRYAN MCCAFFERY modusdocusign@modusllc.com Location: DocuSign Signer Events Signature Timestamp Chad Mosley chadm@cupertino.org Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 67.164.60.110 Sent: 7/19/2021 12:19:41 PM Viewed: 7/27/2021 4:28:28 PM Signed: 7/27/2021 4:28:47 PM Electronic Record and Signature Disclosure: Accepted: 1/8/2021 11:03:58 AM ID: cf965389-d53e-4e7e-9e57-3e9c6593663d Marlene Dehlinger Dehlinger@smwlaw.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 52.39.49.65 Sent: 7/27/2021 4:28:49 PM Viewed: 7/30/2021 2:55:45 PM Signed: 7/30/2021 3:00:51 PM Electronic Record and Signature Disclosure: Accepted: 7/30/2021 2:55:45 PM ID: 48279f6f-84f2-4a70-9c2a-ff07c9f81f1e In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Steve Pagan stevep@cupertino.org Security Level: Email, Account Authentication (None) Sent: 7/19/2021 12:19:41 PM Viewed: 7/27/2021 11:15:48 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/19/2021 12:19:41 PM Certified Delivered Security Checked 7/30/2021 2:55:45 PM Signing Complete Security Checked 7/30/2021 3:00:51 PM Completed Security Checked 7/30/2021 3:00:51 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: 00C45594-CB7A-4132-85F0-DA7C35AF2D22 Certificate Of Completion Envelope Id: 00C45594CB7A413285F0DA7C35AF2D22 Status: Completed Subject: CA_SJ_CUPERTINO_333/E4555539/Felipe Martinez Territory Approved 8-24-2021/VZ Manager to sign. Source Envelope: Document Pages: 9 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 felipe AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) felipe.martinez@verizonwireless.com IP Address: 69.78.1.236 Record Tracking Status: Original 8/24/2021 3:15:30 PM Holder: felipe felipe.martinez@verizonwireless.com Location: DocuSign Signer Events Signature Timestamp Alba Barber alba.barber@verizonwireless.com Senior Real Estate Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.78.100.101 Sent: 8/24/2021 3:18:11 PM Viewed: 8/25/2021 7:40:45 AM Signed: 8/25/2021 7:40:53 AM Electronic Record and Signature Disclosure: Accepted: 12/30/2020 2:52:40 PM ID: e293a4bd-9212-4030-bf70-0115b4008976 Christopher D. Jensen ChrisJ@cupertino.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 136.24.42.212 Sent: 8/25/2021 7:40:54 AM Resent: 8/25/2021 8:01:02 AM Viewed: 8/25/2021 8:04:23 AM Signed: 8/25/2021 8:04:34 AM Electronic Record and Signature Disclosure: Accepted: 8/25/2021 8:04:23 AM ID: d7728cca-e719-4a58-acba-2cf13f6bf3d2 Chad Mosley ChadM@cupertino.org City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 67.164.60.110 Sent: 8/25/2021 8:04:37 AM Viewed: 8/27/2021 7:36:41 AM Signed: 8/27/2021 7:36:47 AM Electronic Record and Signature Disclosure: Accepted: 8/27/2021 7:36:41 AM ID: 5e5da161-f56b-4c0c-977a-121fb2aeb4c6 Kirsten Squarcia KirstenS@cupertino.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 162.245.22.179 Sent: 8/27/2021 7:36:48 AM Viewed: 8/27/2021 9:17:12 AM Signed: 8/27/2021 9:17:18 AM Electronic Record and Signature Disclosure: Accepted: 4/5/2021 1:36:36 PM ID: 7f043bd1-e00d-4922-961c-f3b1260d7968 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Alissa Ludtke alissa.ludtke@verizonwireless.com Security Level: Email, Account Authentication (None) Sent: 8/24/2021 3:18:12 PM Electronic Record and Signature Disclosure: Accepted: 7/12/2021 8:03:52 AM ID: f69dbc24-8f60-4799-a466-8d00afda6a00 Araceli Alejandre Aracelia@cupertino.org Security Level: Email, Account Authentication (None) Sent: 8/25/2021 7:40:54 AM Viewed: 8/25/2021 7:53:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/24/2021 3:18:12 PM Certified Delivered Security Checked 8/27/2021 9:17:12 AM Signing Complete Security Checked 8/27/2021 9:17:18 AM Completed Security Checked 8/27/2021 9:17:18 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, VBG Network Real Estate (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 9/23/2020 1:45:36 PM Parties agreed to: Alba Barber, Christopher D. 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How to contact VBG Network Real Estate: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: tricsha.fatakia@verizonwireless.com To advise VBG Network Real Estate of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at tricsha.fatakia@verizonwireless.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from VBG Network Real Estate To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to tricsha.fatakia@verizonwireless.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with VBG Network Real Estate To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to tricsha.fatakia@verizonwireless.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents elect ronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify VBG Network Real Estate as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by VBG Network Real Estate during the course of your relationship with VBG Network Real Estate.