Amendment to a Wired Telecommunications License and ROW Use Agreement

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AMENDMENT NO. ONE
WIRED TELECOMMUNICATIONS LICENSE AND
RIGHT-OF-WAY USE AGREEMENT

This Amendment is entered into between the City of El Mirage, an Arizona Municipal
Corporation (“City”) and Crown Castle Fiber LLC, a New York Limited Liability Company
(“Licensee”) to amend the agreement dated August 19, 2020, between the City and Licensee
related to the granting of a license for wired telecommunication facilities in the City right-of-way
(“License”). The City and Licensee are referred to as the “Parties” in this Amendment.

RECITALS:

he The City and Licensee entered into the License to allow the Licensee to install,
operate, maintain, and repair cable containing bundles of multiple optical fibers within the public
right-of-way for the purpose of providing telecommunication services.

2s The License contains a five-year term commencing August 18, 2020, and
terminating August 18, 2025, unless extended by the mutual written consent of the parties.

3. The Parties desire to extend the License and waive the mandatory notice provision
in Section 1.3 of the License governing Renewal, to allow for the License to be renewed for an
additional five-year term commencing August 18, 2025, and terminating August 18, 2030.

4. The Parties desire to amend the License to allow micro-trenching within certain
roadways within the City.

5. The Parties further desire to amend the License to allow for an updated map to be
submitted for possible expansion of the Licensee’s service area and facilities in the City right-of-
way.

6. Licensee acknowledges that in addition to an updated map reflecting Licensee’s

service area for any new or expanded facilities, that the City will require as-built drawings of
Licensee’s Facilities upon construction and that any installation of new wired facilities are
required to follow the terms of the License and City Codes, notes, details, standards and
regulations governing work in the public right-of-way.

NOW, THEREFORE, in consideration of the foregoing premises and mutual promises
and agreements of the Parties, the City and Licensee agree to amend the License as follows:

L. Paragraph |.3 Renewal is amended to renew the License for an additional five-
year term commencing August 18, 2025, and terminating August 18, 2030 (the “First Renewal
Term”). The Parties may further extend the Term of this License for up to two (2) additional
five (5) year periods upon the mutual written consent of both parties. Such renewal shall be
made within one-hundred eighty (180) days prior to the termination of the First Renewal Term of
the License. Licensee understands that the City may adopt future code amendments or fee
schedules relating to use of the ROW which may become applicable to this License upon its

Amendment No. |
September 2, 2025

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Initial Term, First Renewal Term, or subsequent renewals. Licensee acknowledges the right of
the City to adopt and implement such lawful code amendments and/or fee schedules to the extent
consistent with applicable law.

2. Exhibit A to the License, referred to as “The Route” is amended to replace the
Map with the updated version attached as Exhibit A to this Amendment.

3. Paragraph 2.1 “Maintenance of Licensee’s Facilities” is amended to include the
requirement of the Licensee to obtain an Annual Maintenance Permit from the City in order to
perform maintenance activities.

4. Paragraph 2.9 “Construction Standards” is amended to include requirements set
forth in this Amendment Exhibit B in order to allow micro-trenching, which also includes
additional requirements as provided in Exhibit B to the License, referred to as “Micro-trenching
Specifications, Notes and Details.”

All other provisions of the License shall remain unchanged.

IN WITNESS WHEREOF, the Parties have executed this Amendment to the License as
of the day last written below.

EL MIRAGE: LICENSEE:
‘Signed by:
By: By|_tim Brown
69CC30EA3F79486...
Its: Its; Government Affairs Director
Date: Date: 4/16/2026 | 3:18:13 PM EDT

ATTEST:

Jill A. Boltz, City Clerk

APPROVED AS TO FORM:

Justin Pierce, City Attorney
Pierce Coleman PLLC

Amendment No. |
September 2, 2025

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EXHIBIT A —- THE ROUTE

[Insert Updated Map]

Amendment No. |
September 2, 2025

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EXHIBIT B —- MICRO-TRENCHING SPECIFICATIONS, NOTES AND DETAILS

2.9.1. Micro-Trenching. Upon request from the Licensee, the City may allow micro-
trenching. Micro-trenching is a construction technique for placing micro-conduits and fiber optic
cables. The advantages of micro-trenching must be balanced with the impact that its use may have
on public highways defined by Arizona Revised Statues and City Code. Micro-trenching may not
be suitable for all types of roadways. Deployment will depend on the composition of the road and
the location of the buried infrastructure. If micro-trenching is allowed, all Sections of this License
must be adhered to.

2.9.2 Construction. Licensee must follow all City of El Mirage Notes and Details for
micro-trenching. All work performed shall be completed in compliance with the latest version of
the Uniform Standard Specifications and Details for Public Works Construction published by
Maricopa Association of Governments (MAG), any City supplements to MAG, the City’s Design
& Development Standards Manual (D&DS Manual) and City supplemental Notes and Details.
Licensee shall retain an independent testing company, approved by the City at its reasonable
discretion, to test all materials used for restoring the rights-of-way. The testing company and
materials testing methods are subject to, and shall be done in accordance with MAG Standards
and City supplements to MAG. The work cannot be accepted until all testing results are reviewed
and approved by the City. Material testing does not apply to materials that will be owned by the
Licensee.

Conduit restraining may be required due to shallow depth. Conduit restraining shall be
completed by backer rod to ensure conduit adheres to the bottom of the trench. Each portion of
backer rod used shall not exceed 6-inches in one location and no more than 12-inches total of
backer rod shall be used within a 5-foot section of trench. No metal shall be placed in a trench to
restrain the conduit.

Curb markers shall be placed on the curb to mark the location of the lateral service. Conduit
shall be installed separate from other existing utilities. For City utilities (water, wastewater,
interconnect conduit, etc.), the installation of the small diameter conduit shall maintain a 12-
inches vertical separation and a 6-foot horizontal separation.

After work is complete, the City shall notify the Licensee in writing if the backfill and/or
over band seal settles at any time, causing subsidence in the pavement %-inch or more, vertically
measured from the adjacent road surface, per MAG Section 336.2.4.1. During the entire term of
the License Agreement, the Licensee is responsible to safeguard and immediately repair
subsidence once it is determined that the subsidence was caused or as a result of the construction
by the Licensee as noted in Paragraphs 2.18 and 6.1.

2.9.3. Pavement Matching Modifications. The slurry seal coat as required by MAG
Section 336 will not be required for the Licensee installing the micro-trench path, 10-inch
diameter or small core for junction with service lateral, and 10-inch diameter or smaller potholes
that reside in the micro-trench path due to the asphaltic sealant material, also known as the over
band seal, placed over the entire top of the micro-trench, lateral service, and potholes. The over
band seal must meet MAG Specification 337 to be exempt from MAG Specification 336.2.2.

Amendment No. |
September 2, 2025

Docusign Envelope ID: EA2FB62A-664A-40E0-A826-8C3FE27314BA

Micro-trenching will be subject to comply with the pavement restoration requirements for cutting
pavement as outlined in Section 151.009 of the City Code. The City requires all pavement cut
requirements to have an approved permit and be restored in accordance with City standards and
specifications. Section 151.009 and the City’s latest version of the Fee Schedule establishes a
requirement to pay pavement restoration fees for cutting pavement with the established rate
structure is based on pavement age and size of cut or pavement disturbance. For additional
information, please review the City’s Pavement Cut Policy within the D&DS Manual. All micro-
trenches placed within the limits of the City’s bike lane will require the contractor to mill and
pave the bike lane and replace all markings within the limits of the micro-trench.

2.9.4 Notes and Details. All micro-trenching must strictly adhere to the notes and details
provided in City Details EM-172-1 through EM-172-8. The City Engineer or designee may, in
his/her sole discretion, approve alternative requirements and specifications based on specific
findings that the proposed alternative: i) will provide an equivalent level of service for the health,
safety and welfare for the general public, and ii) adequately protects public and private property,
and iii) would not unreasonably increase the City’s future maintenance or replacement costs; and
iv) is not otherwise contrary to public interest.

2.9.5 City Roadway Projects and Maintenance, When the City has a project that includes
any roadway reconstruction, alteration, widening, maintenance, etc. in the vicinity of a Facility
installed via micro-trenching by the Licensee, the City will alert the Licensee as soon as
reasonably practicable to allow the Licensee to plan for the removal and/or relocation of the
Facility. Licensee shall remove and/or relocate at no expense to the City any Facilities or other
encroachment installed or maintained in, on or under any public place or ROW whenever directed
to do so by City.

Within 90 days after service of notice by the City, Licensee shall remove and/or relocate
the designated portions of the Facilities, or in the event that, by the nature of the removal such
removal cannot be performed within the 90-day period, Licensee shall take reasonable steps to
remove the Facilities and diligently prosecute the removal to completion, and, if requested, restore
the sidewalks and other ROW to a condition comparable to the condition before the construction
of the public improvement at no cost and expense to the City. City agrees to cooperate with
Licensee to identify alternate locations where available within the ROW.

2.9.6 Projects by Others. The City has no obligation to notify public or private entities
about the Licensee’s Facilities within the ROW. The Licensee is solely responsible for ensuring
that its Facilities are properly blue-staked or otherwise marked in the field prior to the start of any
construction.

2.9.7 Fees. The fees for micro-trenching are the same as those outlined in Section 4 of
the License including the cost per linear foot of trench referred to in Paragraph 4.3 and the cost
adjustments in Paragraph 4.6.

Amendment No. |
September 2, 2025