HomeMy WebLinkAboutContracts & Agreements_24-2004_CCv0001.pdf WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT
This Land Lease Agreement (the "Lease") is made and entered into on
February 3, 2004 by and between the City of Redlands, a municipal corporation ("Landlord")
and Sprint PCS Assets, L.L.C,, a Delaware bruited liability company formerly known as Cox
PCS Assets L.L.C. (SPCS) ("Tenant"), collectively the "Parties.
Landlord, for and in consideration of the rent to be paid by Tenant and for the covenants
and provisions to be kept and performed by Tenant under this Lease, hereby leases to Tenant for
Tenant's sole use, and Tenant agrees to lease from Landlord approximately 1,290 square feet of
property located at City's California Street Grove (APlsl 92-064-02) in Redlands, California
92373 and more particularly described in the attached legal description Exhibit "A" (the
"Property") and plan of development of the area to be leased as set forth in Exhibit "B" (the
Site"). The proposed Site is to be used for an antenna support structure and communication
equipment for a personal communications wireless service facility ("WSF"), using stealth
treatment, as required pursuant to the Redlands Municipal Code.
Section 1. Intent of Parties. It is the intent of the Parties that Tenant will develop on.
Landlord's Property a WSF on the Site, as defined herein„ by using stealth treatment, as required
pursuant to the Redlands Municipal Cade. In order to develop the Site, Tenant will have to
apply for and obtain from the City, a Conditional Use Permit ("CUP"), pursuant to the Redlands'
Municipal Code, Chapter 18,178, "Wireless Service Facilities," as well as obtain a Building
Permit so as to construct the Wireless Service Facilities,
Section-2. Terra.
A. Pre-CUP
The Tenant hereby agrees to Lease from Landlord the Site for the nominal rent of
$100.00 per month payable on 1st of each month pending the application for,; and the approval
of, as CUA'as required herein so that Tenant can construct and develop the WSF on the site. After
the approval of the CUP, the terms of the Lease will convert to Section 2(B) herein, "Post-CUP."
(I) If. that Tenant does not receive approval for a CUP, or if Tenant fails to make
application for the CUP within b months of the date of this Lease, this Lease will immediately
terminate with no outer liability or responsibility by either Landlord or Tenant as to each other.
E. post-CUP.
The terns of the Lease described in Section 2(A) above, shall terminate upon the date of
approval of a CUP to Tenant for development of the Site. The new terga of this Lease shall be a;
is now set forth herein. The "Commencement Date" for purposes of the'term of the "Post CUP`"
Lease shall be the date of approval of the CUP from Landlord to Tenant and, shall be for a period.
of five ( ) years from that date. Rent shall be paid on a monthly basis, cornmenc ing on the
Commencement Date in the amount of $2,083 per month, to the City of Redlands or to such
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other person, firrn or place as the Landlord may, from time to time designate by written notice
delivered to Tenant. Rent will increase every five (5) years on the anniversary of the
"Commencement Date" by 18 percent (18%). This Lease shall automatically be extended for
three (3) additional five (5) year terms unless either party terminates it at the end of the then
current term by giving written notice of the intent to terminate at least six (6) months prior to the
end of the then current term or unless terminated as otherwise provided for herein.
Section 3. Use of Premises. During the term of this Lease, the site shall be used solely
by Tenant, subject to the conditions set forth in Conditional Use Permit ("CUP") No, _.
attached hereto and incorporated herein by reference as Exhibit "C" (or to be attached upon the
procurement of the CUP) for the sole purpose of installing, removing, replacing, maintaining,
modifying and operating at its sole expense the WSF including, without limitation, related
antennas, equipment, cable, wiring, fixtures, backup power sources (including generator and fuel
storage tank) and, if applicable, an antenna structure, Landlord hereby grants Tenant a License,
attached as Exhibit, "D," for ingress to and egress from the Property and access to the Site
located on the Property as described on Exhibit "A" and shown on Exhibit "B", and Tenant shall
have access to the Site twenty-four (24) hours per day, seven days per week, Tenant shall use
the Site in a manner which shall not unreasonably disturb the occupancy of and Landlord's use of
the property. Tenant will meet with Landlord and coordinate the planned removal of any citrus
trees prior to their removal. Thereafter Tenant shall be allowed to rernove up to nine (9) citrus
trees without further compensation to Landlord, Additional trees removed by Tenant will be
charged to Tenant at a rate of $500 per tree removed. Said five hundred ($500) dollar fee per
tree is to be paid within thirty (30) days of removal,
Section 4. As Is Condition. Except as expressly stated otherwise herein, Tenant is
leasing the Site in an "AS IS" condition and Landlord does not represent that the Site is suitable
for Tenant's intended use. Tenant is responsible to undertake such due diligence as it deems
necessary to determine the condition and suitability of the Site.
Section 5. Title and Ouiet Possession, Landlord represents and agrees (a) that it is the
owner of the Site; (b) that it has the right to enter into this Lease; (c) that the person signing this
Lease has the authority to sign it; (d) that Tenant is entitled to access to use of the Site as
provided herein throughout the term of this Lease. Notwithstanding the foregoing, in the event
of any situation that poses an immediate threat of substantial harm to persons and/or property
which requires entry onto the Site by Landlord, Landlord may enter the Site and take such
actions that are required to protect individuals or personal property from such substantial harm or
damage; provided that promptly after such entry into the Site and no longer than forty-eight (48)
hours, Landlord shall give telephonic and written notice to Tenant of Landlord's entry onto the
site. Landlord covenants that Tenant, on paying the rent and performing the covenants shall
peaceably and quietly have, hold and enjjoy the Premises.
Section 6. The Lease may be sold and assigned or transferred
by the Tenant with the prior written approval and consent of the Landlord, subject to the
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conditions of the CUP, which may terminate upon transfer of the Lease, to the Tenant's principal,
affiliates, subsidiaries of its principal-. to any entity which acquires all or substantially all of
Tenant's assets in the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization; or to any
entity which acquires or receives an interest in the majority of communication towers of the
Tenant in the market defined by the Federal Communications Commission in which the Property
is located. Tenant shall not assign or transfer this Lease or sublet all or any portion of the Site
without the prior written consent of Landlord which consent shall not be unreasonably withheld.
In the event Tenant attempts any assignment, sublet or transfer requiring Landlord's consent
without the Landlord's prior written consent, such action shall be null and void, and this Lease
shall immediately be subject to termination at the option of the Landlord.
Section 7. Notices. All notices shall be in writing and are effective three days after
deposit in the United States mail, certified and postage prepaid, or the next business day when
sent by overnight delivery. Mailed notices shall be addressed as set forth below, but each party
may change its address by written notice in accordance with this Section.
Tenant Landlord
SACS City of Redlands
4683 Chabot Drive, Suite 100 Municipal Utilities Department
Pleasanton, CA 94588 PO Box 3005
Redlands, CA 92373
Copy to:
Sprint Law Department
Attn: Sprint PCS Real Estate Attorney
6391 Sprint Parkway,
Mailstop: KSOPH,rot0l-Z2020
Overland Park, Kansas 66251-2020
Sa.gtion 8�. lm �rovem�ents. Tenant may, at its sole expense, make any improvements on
the Site as permitted pursuant to the CUP. Tenant may make substitutions, replacements,
upgrades and modifications to its WSF provided that such improvements remain within the
physical parameters of the leased Site and do not violate the provisions of the CUP,
Section 2_ Comaliance with Laws. Tenant shall comply with all applicable laws relating
to Tenant's operation of the WSp and the improvements constructed by Tenant constructed
pursuant to CUP at the site.
Section
_LO Interference. Tenant shall resolve technical interference problerns with other
equipment located at the Property at the time of its entry onto the Site or with any equipment that
Tenant attaches to the Site at any future date, if Tenant desires to add additional equipment to the
Site. Landlord will not permit the Installation of any future equipment that results in technical
interference problems with Tenant's then existing equipment, subject to the terms set forth
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herein. Landlord shall have the right to have installed equipment by any other provider that
Landlord allows on the California Street Grove (APN 29,2-064-02) Redlands, California, (the
Property), except that this new provider's use cannot interfere with Tenant's operation at the Site.
Tenant shall allow installation of the equipment for the use by the Landlord, or its agencies or
department ("New Equipment") and Tenant shall have the obligation to resolve any interference
resulting therefrom. However, prior to installation of any New Equipment at the Property,
Landlord will give Tenant not less than thirty (30) days prior written notice, which notice shall
include the technical specifications of the New Equipment proposed to be installed and its
proposed location. Thereafter, Landlord will use its best efforts to locate the New Equipment on
the property in a mariner so that no interference shall result between the operation of Tenant's
equipment and the, proposed New Equipment. If, despite all these efforts, interference cannot be
avoided, then Landlord may terminate this Lease by giving Tenant thirty (3 0) days written notice
of ten-nination. Rent will continue until Tenant vacates the Site, and will be pro-rated.
Section 11. Utilities. Landlord grants Tenant the right to obtain electrical and telephone
service for the operation of its W in the location designated in Exhibit "B" and pursuant to
CUP Exhibit "C." Tenant shall pay for all utilities used by it at the site. Landlord will cooperate,
to the extent allowed by law, with Tenant's efforts to obtain utilities from any location provided
by Landlord or the serving utility including signing any license agreement or other instrument
reasonably required by the utility company and that is acceptable to Landlord, provided Landlord
incurs no cost or expense therefore.
Section 12. Termination.
A. Tenant may ten-ninate this Lease at any time by sixty (60) days prior notice to
Landlord without further liability if : (i) Tenant does not obtain all permits, consents, licenses,
non-disturbance agreements or other approvals (collectively, "approvals") reasonably desired by
Tenant or required from any governmental authority or any third party related to or reasonably
necessary to operate the WSF system, or if any such approvals are canceled, expire or are
withdrawn or terminated, or (ii) if Landlord fails to have ownership of the Site or authority to
enter into this Lease; or(iii) if Tenant, for any other reason, in its sole discretion, determines that
it will be unable to use the site. Upon termination, all prepaid rent shall be retained by Landlord.
unless termination is pursuant to (ii) above or a result of Landlord's default and then all prepaid
rents shall be returned promptly to Tenant. If, after the commencement of tenancy under this
Lease. Tenant terminates this Lease pursuant to Section (iii) above, Tenant will pay Landlord as
termination fee equal to six (6) months of the then-current annual rent.
B. If Tenant violates any term of the CUP or defaults on this Lease or if Landlord, in its
sole discretion, determines that the use of the Site by Tenant is impairing or hindering Landlord
in any manner so that continued use by Tenant is determined not to be in the Landlord's best
interest, and after notice and as reasonable tirne not to exceed thirty (30) days to cure said
impairment or hindrance, and such is not cured, and at the sole discretion of Landlord, Landlord
determines that Tenant is unable to core said impain-nent or hindrance, Landlord may, without
further liability, immediately terminate this Lease by written notice to Tenant. Upon
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ten-nination, all prepaid rent, as prorated by use, shall be returned to Tenant, up to a maximurn of
six rnonths of the annual rent. Tenant shall be allowed to remove all of its personal property,
including its equipment,cabling and antennas, and return the Site to its pre.-Lease condition,
C. Notwithstanding the foregoing, upon expiration or termination of this Lease, Landlord
shall have the right to purchase Tenant's antenna structure, but not any of Tenant's other
communication equipment, facilities or improvements, for the then fair market value of the
antenna structure. Fair market value shall be as agreed upon between the parties prior to
purchase. If the parties cannot agree upon a price within thirty (30) days after the notice to
exercise the option to purchase, each side shall pick an appraiser at each party's own cost. These
two appraiser-, will select a third appraiser. This appraiser cost shall be shared by the parties. An
agreed price shall be made by a majority of the three appraisers. The purchase shall be made
within ninety (90) days of the agreed price being determined or at an extended time beyond
ninety (90) days. Landlord shall exercise this option to purchase by giving Tenant written
notice within thirty (30) days after the termination or expiration of this Lease. If Landlord fails
to 'give notice of exercise of the option to purchase the antenna structure within said 30 days,
Landlord's purchase option shall immediately and irrevocably ten-ninate and be of no further
force and effect, and Tenant shall remove the antenna structure as required under this Lease. If
Landlord exercises the option to purchase the antenna structure, upon payment of the purchase
price by Landlord, Tenant shall transfer the antenna structure to Landlord in its "AS-IS,
WHERE-IS" condition, without any representation or warranty from Tenant pursuant to a
separate purchase agreement and Tenant shall thereafter be relieved of any and all responsibility
or liability with respect to the existence or condition of the antenna structure. Landlord shall
Dave the right to assign the foregoing right to purchase the antenna structure to another user of
the antenna structure, which assignment shall be in writing, with a copy provided to Tenant.
D. Tenant, upon termination of the Lease, shall, within ninety (90) days, remove its
building(s), antenna structure(s), footings, fixtures and all personal property and otherwise
restore the Site to its original condition, reasonable wear and tear and casualty excepted.
Landlord agrees and acknowledges that all of the equipment, fixtures and personal property of
the Tenant shall remain the personal property of the Tenant and the Tenant shall have the right to
remove the same, whether or not said items are considered fixtures and attachments to real
property under applicable law, provided tenant returns the site to its original condition.
Section 13. Default. If either party is in default under this Lease for a period of.- (a)
fifteen (15) days following receipt of notice from the non-defaulting party with respect to a
default which may be cured solely by the payment of money; or (b) thirty (30) days following
receipt of notice from the non-defaulting party with respect to a default which may not be, cured
solely by the payment of money, then, in either event, the non-defaulting party may pursue any
remedies available to It against the defaulting party under applicable law, including, but not
limited to, the right to terminate this Lease. If the non-monetary default may not reasonably be
cured within a thirty (30) day period, this Lease may not be terminated if the defaulting party
LeakvIl m,&OOCASIrev Grow doc
commences action to cure the default within such thirty day period and proceeds with due
diligence to fully cure the default, and cures no later than ninety (90) days from notice of default.
Section 14. Indemnity. Landlord and Tenant each shall indemnify, defend and hold each
other harmless from any and all costs (including reasonable attorneys' fees) and claims of
liability or loss which arise out of the ownership, use and/or occupancy of the Site by the
indemnifying party. This indemnity does not apply to the extent any claims arising frorn the sole
negligence or intentional misconduct of the indemnified party. The obligations under this
section shall survive the expiration or termination of this Lease.
Section 15. Hazardous Substances. Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively, "substance") on or under the Property or property that
is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Tenant shall not introduce or use any such substance on the Site in violation of any
applicable law. Landlord and Tenant shall hold each other harmless and indemnify the other
from and assume all duties, responsibility and liability at each others sole cost and expense, for
all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses,
costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which is in any way related to: a) failure to
comply with any environmental or industrial hygiene law, including without limitation any
regulations, guidelines, standards, or policies of any governmental authorities regulating or
imposing standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless
such compliance results from conditions caused solely by the Tenant-, and/or b) any
environmental or industrial hygiene conditions arising out of or in any way related to the
condition of the Property or activities conducted thereon, unless such environmental conditions
are caused by the Tenant, then Tenant shall hold harmless, indemnify and defend Landlord for
all costs and expenses, including attorneys' fees for said sole negligence of Tenant.
Section 16. Taxes. Tenant shall be responsible for all real and personal property taxes
assessed directly upon the Site and arising from its use of the WSF on the Site.
Section 17, Insurance, Tenant shall procure and maintain, commercial general liability
insurance, with limits of not less than Two Million Dollars ($2,000,000) combined single limit
per occurrence for bodily injury and property damage liability, with a certificate of insurance to
be furnished to Landlord prior to Tenant's occupancy of the site. Landlord shall be named as an
additional insured under the insurance policies required of Tenant, and such insurance shall be
primary with respect to Landlord and non-contributing to any insurance or self-insurance
maintained by Landlord. Such policy shall provide that cancellation will not occur without at
least forty-five (45) days prior written notice to Landlord. Insurance requirements shall be
reviewed by Landlord and adjusted by Landlord, in Landlord's sole discretion, on every five-year
anniversary date of this Lease. Tenant shall provide any new certificates of insurance with new
limits of liability coverage within Fourteen (14) days of notice by Landlord to Tenant.
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Section 18. Maintenance. Tenant shall be responsible for repairing and maintaining the
WSF and any other improvements installed by Tenant at the Site in a proper operating and safe
condition, provided, however, if any such repair or maintenance is required due to acts of
Landlord, its agents or employees, Landlord shall reimburse Tenant for the reasonable costs
incurred by Tenant to restore the dainaged areas to the condition which existed immediately prior
thereto, Landlord will maintain and repair all other portions of the property of which the Site is a
part in a proper operating and reasonably safe condition.
Section 19, Po -�sessor�Inter�esst. In accordance with California Revenue and Tax Code
Section 107.6, Landlord hereby notifies Tenant that the interest created by this Lease may be
subject to property taxation and Tenant may be subject to the payment of a property/possessory
interest tax levied on such interest. Tenant shall be solely responsible for the payment of such
taxes and shall defend, indernnify and hold Landlord harmless from and against any and all
claims or actions for payment (or nonpayment) of such taxes.
Section 20. Miscellaneous.
A. This Lease applies to and binds the successors, and assigns of the parties to this
Lease-,
B. This Lease is governed by the laws of the State of California;
C. This Lease (including the Exhibits) constitutes the entire agreement between the
parties and supersedes all prior written and verbal agreements, representations, promises or
understandings between the parties, and any amendments to this Lease must be in writing and
executed by both parties;
T . If any provision of this Lease is invalid or unenforceable with respect to any party,
the remainder of this Lease or the application of such provision to persons other than those as to
whom it is held invalid or unenforceable, will not be affected and each provision of this Lease
will he valid and enforceable to the fullest extent permitted by law; and
E. The prevailing party in any action or proceeding in court to enforce or interpret the
terms or conditions of this Lease is entitled to receive its reasonable attorneys' fees and other
reasonable costs and expenses from the non-prevailing party.
Section 21, Recordation, In entering into this Lease, Tenant and Landlord acknowledge
and agree that, among other things, it is the express intention of the parties that any and all other
persons and/or potential successors in interest and assigns of Tenant have actual and constructive
notice of Tenant's obligations under, and the benefits and burdens of, this Lease, Therefore, the
Parties agree to execute a Memorandum of WSF Site Agreement (Exhibit "E"), which shall be
recorded by Tenant in the official records of the County of San Bernardino. Said Memorandum
shall be recorded prior to commencement of construction. The cost of the recording of this
Memorandum shall be paid for by Tenant.
Section 22. Subordination and Non-Disturbance, At Landlord's option, this Lease shall
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be subordinate to any mortgage or other security interest by Landlord which from time to time
may encumber all or part of the Property or right-of-way; provided, however, every such
mortgage or other security interest shall recognize the validity of this Lease in the event of a
foreclosure of Landlord's interest and also Teriant's right to remain in occupancy of and have
access to the Site as long as Tenant is not in default of this Lease. Tenant shall execute whatever
instruments may reasonably be required to evidence this subordination clause. In the event the
Property is encumbered by a mortgage or other security interest, the Landlord immediately after
this Lease is executed, will obtain and furnish to Tenant, a non-disturbance agreement for each
such mortgage or other security interest in recordable form. In the event the Landlord defaults in
the payment and/or other performance of any mortgage or other security interest encumbering
the Property, Tenant, may, at its sole option and without obligation, cure or correct Landlord's
default and upon doing so, Tenant shall be subrogated to any and all rights, titles, liens and
equities of the holders of such mortgage or security interest and the Tenant shall be entitled to
deduct and setoff against all rents that may otherwise become due under this Lease the sums paid
by Tenant to cure or correct such defaults.
Section 23. Destruction of Site. If the site or property is destroyed, or damaged so as to
hinder its effective use of the property by Tenant, the lease shall terminate with rent to be
prorated by use up until the date the property is destroyed or tendered ineffective.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their seals
the day and year first above written.
LANDLORD TENANT
CITY OF REDLANDS SPCS PCS ASSETS, L.L.C.
a municipal corporation
By: By:
M or,City of R dl radsGeorge Ghantors
Title: Regional Director of Site Development
Date: —February 3, 2004 Date. 214110 7
Attest:
C itt lerkC
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EXHIBIT "A"
TO
WIRELESS SERVICE FACILITY LANDLEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
LEGAL DESCRIPTION OF THE PROPERTY
The real Property situated in the City of Redlands, County of San Bernardino, State of
California, as described on the following attachment:
[See Attached]
Landlord Initials
Tenant Initials
EXHIBIT "A"
PARCEL LEGAL DESCRIPTIONS AND EASEMENTS
Parcel Legal Description Parcel Legal Description
IZVM It RAW To TITLE WWI W*4-930136,ROME$tf wma IS RASE M I=WW a%"Me moon it
FMT MMW TITLE 4ATE1 JX 9:.zTd3,. F=t MEMW TITLE U~,DATED AMC a M
Redt,71 CRI&Rl*&Ift County of Son Bernardino,State of R*4 preparty in the My of Rodeqds.County of San Bornordito,Stote of ConfOrY10,
cog=
Idloow
e4e+i+ed as
PARCEL M(L I- T00%PORTIONS or LOTS 2,3 AM 4.0 BLOCK 2 OF HENRY L AILLIAMS TRACT,N
THE
THAT PORTION OF LOT 1.BLOCK 2 OF HENRY L *WAN TRACT,IN THE CITY OF CITY OF REDLANDS.CGIMITY OF SAN BERNARDINM STATE OF CAUFORW& AS PER
REXANK PLAY
CoMry OF SAN qENAARDWQ STATE:.OF CALIFORNIAL AS PER PLAT RECORDED 04 RECORDED I$DOW it Of NAPS,PACE 17,RECORDS OF SAID COUMrf.NOW
BOOK It PARTICULARLY
OF MAPS,PAM 17,REamsw SAID COUNTY, OESW480 AS FOUOK& DESCRIBED AS fCLLOW&'
KG"(04 AT THE NORTHEAST CORNEJ?OF SAID LOT 1. SA40 PONT BUNG At BEG"�WEST
AT THE SOUTHWESTMDI
Y CORNER OF SAID Lot 4.IN""ALONG E
THE
wtxacitok OF THE CENItALINE Of WALNUT AVENUE AND THE CENTER LINE OF tA4E"M.OF,NORTH.0 DEQ 23`:34'WEST U40 fEET1, THENCE NOORTH 4*DEG. 35
NEVADA le
sTRIET, THENCE SOUTH ALONG THE CENTER LOW OF NEVADA SMUT$616 EAST,28:26 FEET. THENCE NORTH 86 DEC.-54'TY EAST;t260.35 FEET TO THE
FEET; THENCE EAST LINE OF
WEST 30 FEET TO THE NORTHEAST:: .. OF THAT PARM OF LAND AM LOT I USTANT AEONS SAM EAST UNE 131.98 FEET NORTHERLY FROM IK
CONT M TO THE SWINEMTERLY CORNER OF SAO LOT 3, D40KE NORIN 89 DES OS`OV EAST
REDLANGS ORANCEO"A%OCLATXA CORPORATIOK BY DEED fBECOROW "345 FEET
APRIL% 1041 To INIE EAST LNE OF SAID LOT 2, THENCE SOUTHERLY ALONG SAO EAST LENE.
W BOOK 1469, PAGE*37;OFFICIAL RECORM THENCE VEST ALONG TIE:.NORTH 137.83 FEET
LVIE OF To THE SOUTNEASTIRLY CORNER OF SAID LOT Z THENCE WESTERLY ALONG THE
SAO CoWPqfyS LANG. too FEET.MORE OR LESS.-.TO THE NORTHWEST CORNER SOUTHERLY UNE OF LOTS Z 3.AND 4 TO THE POINT OF BEG"%04
THEREOF.,
THENCE SOUTH ALONG INC HEST UNE OF SAM COMPAMYS LAND,40 FEET TO A EXCEPTING..THEREFROM ALL MINERALS.OK-CASES AND*It"HYDROCARBONS BY
POW 202.6 WHATSOEVER NAME SHOW THAT MAY K WTPRN CA 194M THE PARCEL OF LAND
FEET SOUTH OF THE NORTH ENE OF SAID LOT V THENCE WEST 76 FEET HEMNABOVE DESCRIBED, VATHOUT,HOWEVER. THE FRONT TO MILE,=OR M00E
THENCE SOUTH to THROUGH THE WRFACE 1HEREOF BY DEED WCORM MARCH It.19411 IN BOOK
FEE71 THEIKE WEST 124 FEET; THENCE SOUTH TO A PONT 218„6 MET SWIM 5567,PACE
OF THE
CEMIM LOW OF WALNUT AVV0X* THENCE WEST 326 FEET TO THE WEST LINE 602.OFFK$AL RECORDS.
OF SAID LOT'. APW 0292-064-02-0-0W
THENCE WRI"214.6 FEET«WORE OR LESS, 10 THE CENTER Lot OF WALNUT
AVENUE;.
P40"EAST ALONG THE CENTER LINE OF WALNUT AVENUE TOR PMI`OF
ITE C4004C.
EXCEPTING THEROFROW ANY PORIMN LYING WITH WVAthk STREET. Title Report (Easements)
ALSO MIPIM THEREFROM TI-AT PORTION CONVM0 TO INC STATE OF EMDCE is MK To TITLE BERM As PRON100 it
CALIFORNLk BY raw AV"TMr CG~.MITI Am it an
DEED RECORDED MCEMBER 12,1 MO IN BOOM 5"1 PACE 4116,OFF)CIAL
RECORDS, LYING lam
"PIERLY OF THE FOLLOW4 N
DESCRIBED IC' KWID 1€ROM0
KMNWhN;AT A POINT Re THE WEST LINE OF NEVADA STREET.GO FEET WM 3. A right at Way of R.4hchmmed route and*66th bw knResa orol ogre"pupooh,ovw
DISTANT on
AL0140 S" WEST LWE SOUTH 0 DEC:25!44'CAST IOZO FEET FROM THE "WIshod rbad"y-the propwty hw*ks desofttd�**conveymul to IN#OrongedoM,
CENTER UNE OF Proteluvo
WALMUT AVENUE;- AfIANDWED,Tt�SOUTH 89 GEa 34� W WST 100-00 AssodoUon.by mrownomt recorded AAy IZ WS In Book 575L po"86,of O*,whL
FEET, THENCE 0 (EXACT LOCATION OF SAID RIGHT-A-WAY CANNOT BE DETERMINED PER RECORD DCED)
SOUTH 79 DEG.54"05'WEST 4Q34 FEET; THENCE SOUTH 89 DEQ W 55' An saiww"ont for on 6-iftch co"ont ptw"no fat*oIna"and kIddWrtal porpchtes
REST 460,86 FEET B.
TO THE REST LOW OF SAO LOT I. doovr"w,t rocor4W Words 16, 1934 as Back 944.~255 of OfftW R000rdc
ALSO EXCEPTING TIUMFON,ALL THAT PORIM THEREOF CONI."O TO TIE
STATE OF & Abutter-*A01A of ingre"6014 Woo,to or Montt the celjoiM"frimhtoy how*b~
CAUFORWA gy GRANT DEED RECORDED APRL 25,..'1988,WSTr"ENT 00, refift,40104ei In
116-12 344
this docowif recorded Apfll 25,19M as inIstrunwd No�U-122US of Offldd
OFFICIAL RE
R*tw.*
ALSO EXCEP71W THEREFROM ALLMNERALS,DIE,CASES AND OTHER
HYDROCARBONS BY Title Report (Easements)
VMA VER NAME KNOV#f THAT MAYBE 1071-04 OR UNDER THE PARCEL OF
LANDwvva IS MK To tine WERT a 4MMIne Mw"of
HERE)MADOW DESCROM W4O
THO1JT WEVER THE RIGHT TO OffiM MINE nny mcmminki cww,jAm im 25..
mi
THROUGH THE:.:.ORFAM THEREOF. AS RESEJrAD#4 THE OEM FRAM THE STATE
oryJan AMID ROM
CALIFORNIA.RECORDED FEBRUARY 9, 1963 IN BOM 5847.PACE 933„
OFFK3AL 0
REC040S. Abultor'*"Ots or"*"and overs to or Mar.,%toft High."Na. 10 hove bsmov-finquNheo ar
t
PARCEL NO.2: he dootanwrt f—ded Words 11,1963 ft So*5867.Pog.802 of Offiod Records
the effaCt of a deed�t*d by Nary k St*946 4 nklOW AN*ft%*not woonied to Arwy A
THAT PORIM OF LOT 1.BLOCK Z KNRY L YALLIAMS TRACT,14 THE Otry OF Sjqq, as trustee of the Nosy I Ste"Trust vdw Trust,Agroenont dated Octobor 2,T995 ohd
REDLANDS, he,substit.t"and wteftsor* "�dW,Itowdd-k-Ory ZL 1996-koltrunsaftt no, 46-
If
0"TY CF SAN HERNARDINCX STATE Of CALIFORNIA, AS PER Fn AT RECOPOED w 020526 Officid Rocor4s,
BOOK
Gr MAPS,PAGE 17,RECORDS Or SAID COUNrY,DESCRIBED AS FOLLOWS,, At the dust,of r000r*tq of the do—ent, t"grantor no#h*r0C*fd lhtO-40;n the Who.
COWWNC04 AT A PONT 1616 FEET SOurf OF 1K INTERSECTION OF THE A ood,voo-Of aedicovon few powic food P'"ost.. w#dkq"it utiny ov"d P'stnik-se 4ko
CENTER LINES u..%,*.e uttd by the Oty of Redooft,recorded Words IZ V997.4tstru"ont no,91-004943,
OF WALNUT ANO NEVADA STRMT, THENCt WEST 30 FEET TO INE..TAM Offtkt Records:PCWT OF
TT+FuGE VKST 100 FELT TO THE NORTHWEST CORNER Or IK LAND
CONVEYED
TO THE REMAND$OR ALE ASS00AUM, A CORPMATFOk,BY DEED
RECORDED APRIL
9, 120 IN BOOK 1469,PAM *37,OFFICIAL RECORM TW39Z WjRf 40 FEET
TO 4 PONT
202,6 FEET SOUt4 OF THE NORTH UNE OF SW LOT 1; IFiENCE WEST 75 FW;
THENCE.
SOUTH 10 FEET; too"REST"FEET TO TI4E W)RTHEASI CORNER OF 114
LAND
CONWyo to THE GRANCEDALE PROTECTIVE ASSOCLAT)ON. A CDRPORAT*RE DY.
DEW
RECORDED DECEMBER TZ IM IN BOOK 678, PAGE 185, OFFICIAL RECORDS;
WNGE SOETR
ALGHO TIE CAST LsWE OF'SATO LAND 114.3 FEET TO THE NORTH UNE OF TK
ATCHISON,
JOPIXA AW SANTA FE RAILWAY RIC"T OF WAY THENCE EAST ALONG TW-
NORTH UNE OF
SAID F004T OF WAY TO THE*CST LINE OF SA,10 NEVADA STRIEtt', THENCE
NORTH ALONG
SAID WEST LM TO 11E TRUCFIXNT OF 8ECINNINQ
EXCEPTING THEREFROM,Alt, THAT PMTON TS REOF CONYEYEO TO THE STATE OF
CAUFOR&A BY GRANT DEED RECORDED APRIL 2S. 1488.IRSTWWNT NO.
BEE-122342,
OMOAL RECORDS
APN. 0242-064-03-b-000 and 0292-064-05-0-WO
EXHIBIT "A"
SPRINT LEGAL DESCRIPTIONS
Proposed Sprint Lease Area Legal Description
NAT PORTION OF LOT 4,SLOM 2 OF HENRY J. TRACT W THE'.CITY OF
ANO,S,COUNTf OF SAN. .STATE OF AS PER PAT
$WCOROEO IN BOOK 11:OF MAPS,:PAGE 17, RECORDS OF SACT COUNTY:.
DESCRIBED AS FOELOM' ;.
C04 At A POWT:ON TK SOUT14MY LkE-OF SAO LOT 4,SAO PONT"
116:31 FEET EAST OF THE SOUTTIWEST CORNER THEREOF; THENCE
PER FROM SATO SOUTH WNE NORTH W 23'21'WEST 6.00 FEET TO
THE TRUE PMT OF'8E
SOUTH 30.00 FEET,.
THENCE WEST 43,00FEET,•:.
STH 30.00 FEET.
THENCE EAST 43.00 fUl TO TRUE POINT OF f
CONTAM4'4290 SQUARE FEET.MORE OR LESS«
TOOET"ER WIN THE ACCESS AND UUJTY EASEMENTS REQUiRED TO SM`CE SAO
StTE
10' -0" 'fide Propulsed Sprint Utility Easement-
UBA 10 FEET WDE STRIP OF LAND DE04C A PORIM OF LOT-*BLOCK 2 OF HENRY
L WULUA TRACT RF THE'QTY OF REDLANDS4 COUNTY OF SAN NO;
STATE OF CAUFORWAV AS PER PLAT RECORDED I4 BOOK 11 OF MAPS PAGE 17,.
RECORDS OF SATO COUNTY,CENTERLINE OF EASEMENT DESCRIBED AS FaLOM
KC0044 AT A POINT Ott THE Y LINE OF SAKI LOT 4.SAKI POWT
SONG 189.00 FEET EAST OF THE SOUT4VXST THEREOF; THENCE
PERPMZULAR FROM SAGA SOUTH LN4E NORTH TSO'',W 21'HEST 10,78 FEET.
+YEST:WO FEET TO POINT OF TERMINATOC
'-0" !fide Proposed Sprint Access Easement
A 5 FEET W"STIMP OF LVO OEM A PORTION OF LOT 4 BLIXBt 2 OF HENRY
L WLUAM TRACT,44'THE QTY OF REOLq4M COUNTY OF SAN WJV#ARO##A
STATE.OF CAUFORNLA,AS PER PLAT RECORDED RI BOOK 11 OF MAPS,PAOE 17,.
RECORDS OF SAID TY,CENTERUNE OF EASEMENT DESCRIBED,AS FOLWft
COMMENCINO AT THE SOUTHWST COM*M OF SAO LOT 4. THENCE NORTM
S W3V EAST 35.00:FEET AL04 THE Y UTAK 4F. LOT
NORTH W23'05°EAST 150 FEET TO THE TRUE PONT OF SE +4
PARALLEL TO INE SOUiNER'LY UNE OF SAM LOT 4:MONTH 8914'39'EAST 89.35
FEET; ROFCT14 OW 2Z 1r WMT 3.50 FEET:.TO 11-W SMT14 UNE OF:1HE.
THE 9DEUNES CF SAKI STRIP EASEMENT SNAIL WEND OR ICAMOMIE AT THE
SAM SPRINT LEASE AREA.
EXHIBIT "B"
TO
WIRELESS SERVICE FACILITY LANDLEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
DESCRIPTION OF LEASED SITE
Plans/drawings describing the leased Site and location of electrical and telephone utility routes
consisting of pages attached hereto.
Landlord Initials
Tenant Initials
EXHIBIT 1113",
PLAT TO ACCOMPANY LEGAL DESCRIPTION
(ACCESS EASEMENT,LEASE AREA 8 UTILITY EASEMENT
INIERSFATE 10
(E) TRTW
A TOTAL OF FOW (4)emTm
(E) OF WAY TREES WFIHN SPRINT LMSE
AREA TO 8E ROACI
( TO BE
A14D REPLACED VIN T-111 PROPOSED + 12'--0' MWETER
SOW TO 1k4I PROPOSED SPRINT STEAM WATER TANK
SPRINT EOUPMENT LTER)
PROPOSED 10'-W WOE
PFV'OSED S-11"
WOE SPRINT
ACCESS EASEMENT
(E) OWN LIFgt FIl4CE
0-0 a
a
4..
{};
8041 OF WAY () RNLRON) ORT ACCEM goo
F .
REMOVE
4'-W OF DZTM PROPOSED EOLnPwm
CPKV LAW FENCE 00 MUM SlInTER WITH T-111 sw
too(2)go Posts (L
R4140 TRAM
IW F WAY PROPOSED LW WA
(4.' %3 1}' 1 So
I
m
0 10' 217
EXHIBIT"C"
TO
WIRELESS SERVICE FACILITY LANDLEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS,LLC
TENANT'S CONDITIONAL USE PERMIT
Conditional Use Permit No. Tenant's Conditional Use Permit issued by the City of
Redlands consisting of ages attached hereto.
The Conditional Use Permit will be attached after this lease is signed upon issuance of the
Conditional use Permit by the City to Tenant.
Landlord Initials lr
Tenant Initials
EXHIBIT "D"
TO
WIRELESS SERVICE FACILITY LANDLEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
FORM OF IRREVOCABLE LICENSE FOR INGRESS AND EGRESS
Fonn of License Agreement consisting of pages attached hereto
Landlord Initials
Tenant Initials
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO;
City Clerk
City of Redlands
PO lox 3005
Redlands, CA 92373-1505
LICENSE AGREEMENT
This License agreement ("Agreement") is made and entered into this 3` day of
February 2004 (the "Effective Date"), by and between the City of Redlands, a municipal
corporation ("Licensor") and Sprint PCS Assets, LLC, a Delaware limitedliabilitycompany,
formerly known as Cox PCS Assets L.L.C. (SPCS) ("Licensee")
RECITALS
A. Licensor is the owner of real property located in the City of Redlands which is
commonly known as ra portion of California Street Grove (APIA 292-064-02) (the "Property").
Licensor and Licensee have entered into a Land Leese Agreement for the Property for the
purpose of Licensee's Operation of a personal communications service system facility. A<cop
of the Land Lease Agreement is attached hereto and incorporated herein by this reference as
Exhibit "A.'",
B. Licensee desires to place related stealth antenna towers, and run cables to those
antennas, on the Property.
C. Licensor desires to grant Licensee a non-exclusive license to eater upon the
Property for the purpose of placement of stealth antenna towers and cables from the antennas to
Licensee's equipment for purposes of facilitating the operation of Licensee's personal
communications service system facility,
In consideration of the mutual promises contained herein, Licensor and Licensee agree as
follows:
AGREEMENT
1. Grant of License, Licensor hereby grants to Licensee fa lion-exclusive license to
enter upon and use the Property for the, purpose of placement of stealth antenna towers, and the
1,xit ticell to erCASmreet6rove d c>
16
running of cables from the antennas, to the leased facility equipment area. Such antennas and
cables shall be placed on the property as specified in Exhibit "B" which is attached hereto and
incorporated herein by this reference Such activity shall be performed by Licensee in
conformance with all applicable federal, state and local laws, and shall not interfere with any of
Licensor's activities on the Property.
2. Condition of Protiertv Not Warranted. Licensor does not warrant or represent that
the Property is safe, healthful or suitable for any particular use, or for any other purpose, and
Licensee agrees that its entry upon the Property and activities thereon are performed at
Licensee's own risk, recognizing that the Property is in an "AS IS" condition.
1 Term. This License shall commence upon the Effective Date and shall continue
thereafter until terminated pursuant to the provisions governing termination of the, Land Lease
Agreement attached as Exhibit "A".
4Insurance/Indemnity. Licensor and Licensee incorporate herein by this reference
the indemnity provision found in Paragraph 14, and the insurance provision found in Paragraph
17, of Exhibit 'A" as though both are fully set forth herein.
5. Assi nrne�nt, Licensee shall not assign or transfer this License Agreement without
the prior written consent of Licensor, which consent will not be unreasonably withheld. In the
event Licensee attempts any assignment or transfer without Licensor's prior written consent, such
action shall be null and void, and this Agreement shall immediately be subject to termination at
the option of Licensor,
6Entire Agreement, This License Agreement embodies the entire understanding of
the Parties hereto, and there are no further or other agreements or understandings, written or oral,
in effect between,the Parties relating to the grant of this revocable license.
7Attompys Fees, In the event any legal action is commenced to enforce or
interpret the terms or conditions of this License Agreement, the prevailing party in such action
shall be entitled to recover in addition to its costs and other relief, its reasonable attorneys fees.
S. GoveEqjn&jAW. This License Agreement shall be governed by and construed in
accordance with the laws of the State of California.
[SIGNATURE PAGE FOLLOWS)
Lean ell towerWASIreel Grove doe
In witness whereof the parties have executed this Agreement as of the dates indicated
below.
DDate:
F REDLAN S, Licensor
February 3. 2004
ATTEST:
City Ckrk
Licensee
SPRINT PCS ASSETS, LLC,
By:
George Ghantorg
Title: Regional Director of Site Development
Date:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAID" BERNARDINO SS
CITY OF REDLA DS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California government Code, on February 3,
2004, before me, Beatrice Sanchez, deputy City Clerk, on behalf of Morrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
personally known to rue - or - ( I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged ed to me that
they executed the same in their authorized opacities and that by their signatures on the instrument-
the persons, or the entity upon behalf of which the persons acted., executed the instrument.>
� � , WITNESS my hand and official seal.
ED
*kopore s$ L IE C?" E €, CITE CLERK
By:
�,04 L r \,,�`' Beatrice Sanchez, Deputy City Clerk
rtra1art (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individuals signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
Other
Title(s): Mayor and City Clerk
Entity Represented. City of Redlands, a municipal corporation.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
Title or Type of Document- License Agreement
Date of Document: February 3, 2004
Signer(s) Other Than Named Above; George Ghantors, Sprint PCS
October 2002
Site Name: Sprint PCS Site lU
SPRINT PM NOTARY BLOCK:
STATE O
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_ by
Amts, L,L<C., a Delaware limited liability company,who exe ted the foregoing instrument on behalf of the of rt t p.
AFFIX NOTARIALSEAL) ��FFr IAL 1�tYiARY Srt;NATUr�Ep
NOTARY PUBLIC STATE OF
MY commission expires: (PRI D,TYM OR S`I"Ar+MPE11 NAr F-OF NOT
STATE C l i
COUNTY OF
The f¢regal ins nxen was acknowled ed before e this of
0 b
Assets* L, �Ca �eare limited liabili corn , as of Sprint FCS
tY pony, who executed the foregoin�day
ument ora behalf trf floe ers8ip,
( T I : e t WICIAL N NATU
OF
Ivry eratamricrn expsl'ItLNTEif,TYPED OR STAMPED NAME OF N(7TA
EXHIBIT "A"
TO
WIRELESS SERVICE FACILITY LICENSE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
towerxCAStreet Grove doc
EXHIBIT "A"
WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT
This Land Lease Agreement (the "Lease") is made and entered into on
February 3, 2004 by and between the City of Redlands, a municipal corporation ("Landlord")
and Sprint PCS Assets, L.L.C., a Deliaware limited liability company formerly known as Cox
PCS Assets L.L.C. (SPCS) ("Tenant"), collectively the "Parties."
Landlord, for and in consideration of the rent to be paid by Tenant and for the covenants
and provisions to be kept and performed by Tenant under this Lease, hereby leases to Tenant for
Tenant's sole use, and Tenant agrees to lease from Landlord approximately 1,290 square feet of
property located at City's California Street Grove (APN 292-064-02) in Redlands, California
92373 and more particularly described in the attached legal description Exhibit "A" (the
"Property") and plan of development of the area to be ]eased as set forth in Exhibit "B" (the
Site"). The proposed Site is to be used for an antenna support structure and communication
equipment for a personal communications wireless service facility ("WSF"), using Stealth
treatment, as required pursuant to the Redlands Municipal Code.
Section 1. Intent of Parties. It is the intent of the Parties that Tenant will develop on
Landlord's Property a WSF on the Site, as defined herein, by using Stealth treatment, as required
pursuant to the Redlands Municipal Code. In order to develop the Site, Tenant will have to
apply for and obtain from the City, a Conditional Use Permit ("CUP"), pursuant to the Redlands
Municipal Code, Chapter 18,178, "Wireless Service Facilities," as well as obtain a Building
Permit so as to construct the Wireless Service Facilities,
Section 2. Term,
A. Pre-CUP,
The Tenant hereby agrees to Lease from Landlord the Site for the nominal rent of
$100.00 per month payable on Ist of each month pending the application for, and the approval
of, a CUP as required herein so that Tenant can construct and develop the WSF on the site.r After
the approval of the CLIP, the terms of the. Lease will convert to Section 21(B) herein, "Post-CUP."
(1) If, the Tenant does not receive approval for a CUP, or if Tenant fails to make
application for the CUP within 6 months of the date of this Lease, this Lease will immediately
terminate with no other liability or responsibility by either Landlord or Tenant as to each other.
B, Post-CUR
The term of the Lease described in Section 2(A) above, shall terminate upon the date of
approval of is CUP to Tenant for development of the Site. The new term of this Lease shall be as
is now set forth herein. The "Commencement Date" for purposes of the term of the "Post CUP"
Lease shall be the date of approval of the CUP from Landlord to Tenant and shall be for as period
of five (5) years from that date. Rent shall be paid on a monthly basis, commencing on the
Commencement Date in the amount of $2,083 per month, to the City of Redlands or to such
I E'_Wcelf toweOCAStTeeiGrove
other person, firm or place as the Landlord may, from time to time designate by written notice
delivered to Tenant, Rent will increase every five (5) years on the anniversary of the
-Commencement Date" by 18 percent (18%), This Lease shall automatically be extended for
three (3) additional five (5) year terms unless either party terminates it at the end of the then
current term by giving written notice of the intent to terminate at least six (6) months prior to the
end of the then current terra or unless terminated as otherwise provided for herein.
Section 3. LJse of Premises. During the term of this Lease, the site shall be used solely
by Tenant, subject to the conditions set forth in Conditional Use Permit ("CUP") No.
attached hereto and incorporated herein by reference as Exhibit "C" (or to be attached upon the
procurement of the CUP) for the sole purpose of installing, removing, replacing, maintaining,
modifying and operating at its sole expense the WSE including, without limitation, related
antennas, equipment, cable, wiring, fixtures, backup power sources (including generator and fuel
storage tank) and, if applicable, an antenna structure. Landlord hereby grants Tenant a License,
attached as Exhibit, "D." for ingress to and egress from the Property and access to the Site
located on the Property as described on Exhibit "A" and shown on Exhibit "B", and Tenant shall
have access to the Site twenty-four (24) hours per day, seven days per week, Tenant shall use
the Site in a manner which shall not unreasonably disturb the occupancy of and Landlord's use of
the property. Tenant will meet with Landlord and coordinate the planned removal of any citrus
trees prior to their removal. Thereafter Tenant shall be allowed to remove up to nine (9) citrus
trees without further compensation to Landlord. Additional trees removed by Tenant will be
charged to Tenant at a rate of $500 per tree removed. Said five hundred ($500) dollar fee per
tree is to be paid within thirty (30) days of removal.
Section 4. As Is Condition, Except as expressly stated otherwise herein, Tenant is
leasing the Site in an "AS IS" condition and Landlord does not represent that the Site is suitable
for Tenant's intended use. Tenant is responsible to undertake such due diligence as it deems
necessary to determine the condition and suitability of the Site.
Section 5. T*Lls qpguiet P
ossession. Landlord represents and agrees (a) that it is the
owner of the Site, (b) that it has the right to enter into this Lease; (c) that the person signing this
Lease has the authority to sign it; (d) that Tenant is entitled to access to use of the Site as
provided herein throughout the term of this Lease, Notwithstanding" the foregoing, in the event
of any situation that poses an immediate threat of substantial harmto persons and/or property
which requires entry onto the Site by Landlord, Landlord may enter the Site and take such
actions that are required to protect individuals or personal property frorn such substantial harm or
damage; provided that promptly after such entry into the Site and no longer than forty-eight (48)
hours, Landlord shall give telephonic and written notice to Tenant of Landlord's entry onto the
site. Landlord covenants that Tenant, on paying the rent and performing the covenants shall
peaceably and quietly have, hold and enjoy the Premises.
Section 6, Assignment /.Sublettma. The Lease may be sold and assigned or transferred
by the Tenant with the prior written approval and consent of the Landlo-rd, subject to the
2
conditions of the CUP, which may ten-ninate upon transfer of the Lease, to the Tenant's principal,
affiliates, subsidiaries of its principal; to any entity which acquires all or Substantially all of
Tenant's assets in the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization', or to any
entity which acquires or receives an interest in the majority of communication towers of the
Tenant in the market defined by the Federal Communications Commission in which the Property
is located. Tenant shall not assign or transfer this Lease or sublet all or any portion of the Site
without the prior written consent of Landlord which consent shall not be unreasonably withheld.
In the event Tenant attempts any assignment, sublet or transfer requiring Landlord's consent
without the Landlord's prior written consent, such action shall be null and void, and this Lease
shalt immediately be subject to termination at the option of the Landlord.
Section 7. Notices. All notices shall be in writing and are effective three days after
deposit in the United States mail, certified and postage prepaid, or the next business day when
sent by overnight delivery, Mailed notices shall be addressed as set forth below, but each party
may change its address by written notice in accordance with this Section.
Tenant Landlord
SPCS City of Redlands
4683 Chabot Drive, Suite 100 Municipal Utilities Department
Pleasanton, CA 94588 PO Box 3005
Redlands, CA 92373
Copy to:
Sprint Law Department
Attn: Sprint PCS Real Estate Attorney
6391 Sprint Parkway,
Mailstop- KSOPHT0101-Z2020
Overland Park, Kansas 66251-2020
Section 8, Improvements. Tenant may, at its sole expense, make any improvements on
the Site as permitted pursuant to the CUP. Tenant may make substitutions, replacements,
upgrades and modifications to its WSF provided that such improvements remain within the
physical parameters of the leased Site and do not violate the provisions of the CUP.
'Section9 Cqmpliance with Laws. Tenant shall comply with all applicable laws relating
to Tenant's operation of the TSF and the improvements constructed by Tenant constructed
pursuant to CUP at the site.
Section 10 Interference. Tenant shalt resolve technical interference problems with other
equipment located at the Property at the time of its entry onto the Site or with any equipment that
Tenant attaches to the Site at any future date, if Tenant desires to add additional equipment to the
Site. Landlord will not pert-nit the installation of any future equipment that results in technical
interference problems with Tenant's then existing equipment, subject to the terms set forth
4mi\c0l twxerTAStreet Grove doc
3
herein. Landlord shall have the right to have installed equipment by any other provider that
Landlord allows on the California Street Grove (APN 292-064-02) Redlands, California, (tile
Property), except that this new provider's use cannot interfere with Tenant's operation at the Site.
Tenant shall allow installation of the equipment for the use by the Landlord, or its agencies or
department ("New Equipment") and Tenant shall have the obligation to resolve any interference
resulting therefrom, However, prior to installation of any New Equiprilent at the Property,
Landlord will give Tenant not less than thirty (30) days prior written notice, which notice shall
include the technical specifications of the New Equipment proposed to be installed and its
proposed location. Thereafter, Landlord will use its best efforts to locate the New Equipment on
the property in a manner so that no interference shall result between the operation of Tenant's
equipment and the proposed New Equipment. If despite all these efforts, interference cannot be
avoided, then Landlord may terminate this Lease by giving Tenant thirty (3 0) days written notice
of termination. Rent will continue until Tenant vacates the Site, and will be pro-rated.
Section 11, Utilities. Landlord grants Tenant the right to obtain electrical and telephone
service for the operation of its WSF in the location designated in Exhibit "B" and pursuant to
CUP Exhibit "C." Tenant shall pay for all utilities used by it at the site, Landlord will cooperate,
to the extent allowed by law, with Tenant's efforts to obtain utilities from any location provided
by Landlord or the serving utility including signing any license agreement or other instrument
reasonably required by the utility company and that is acceptable to Landlord, provided Landlord
incurs no cost or expense therefore.
Section 12. Termination,
A. Tenant may terminate this Lease at any time by sixty (60) days prior notice to
Landlord without further liability if : (i) Tenant does not obtain all permits, consents, licenses,
non-disturbance agreements or other approvals (collectively, "approvals") reasonably desired by
Tenant or required from any governmental authority or any third party related to or reasonably
necessary to Operate, the 'SE system, or if any such approvals are canceled, expire or are
withdrawn or terminated, or (ii) if Landlord fails to have ownership of the Site or authority to
enter into this Lease, or(iii) if Tenant, for any other reason, in its sole discretion, determines that
it will be unable to use the site. Upon termination, all prepaid rent shall be retained by Landlord,
unless termination is pursuant to (ii) above or a result of Landlord's default and then all prepaid
rents shall be returned promptly to Tenant. If, after the commencernent of tenancy under this
I-ease, Tenant teriiiinates this Lease pursuant to Section (iii) above, Tenant will pay Landlord as
termination fee equal to six (6) months of the then-current annual rent.
B. If Tenant violates any term of the CUP or defaults on this Lease or if Landlord, in its
sole discretion, determines that the use of the Site by Tenant is impairing or hindering Landlord
in any manner so that continued use by Tenant is determined not to be in the Landlord's best
interest, and after notice and as reasonable tirne not to exceed thirty (30) days to cure said
impairment or hindrance, and such is not cured, and at the sole discretion of Landlord, Landlord
determines that Tenant is unable to cure said impairment or hindrance, Landlord may, without
further liability, immediately terminate this Lease by written notice to Tenant, Upon
Lmkell halve rTAsin etOrove.doc
4
termination, all prepaid rent, as prorated by use, shall be returned to Tenant, up to a maximum of
six months of the annual rent. Tenant shall be allowed to remove all of its personal property,
including its equipment, cabling and antennas, and return the Site to its pre-Lease condition,
C. Notwithstanding the foregoing,upon expiration or termination of this Lease, Landlord
shall have the right to purchase Tenant's antenna structure, but not any of Tenant's other
communication equipment, facilities or improvements, for the then fair market value of the
antenna structure. Fair market value shall be as agreed upon between the parties prior to
purchase. If the parties cannot agree upon as price within thirty (30) days after the notice to
exercise the option to purchase., each side shall pick an appraiser at each party's own cost, These
two appraisers will select as third appraiser, This appraiser cost shall be shared by the parties. An
agreed price shall be made by as majority of the three appraisers. The purchase shall be made
within ninety (90) days of the agreed price being determined or at an extended time beyond
ninety (9Q) days. Landlord shall exercise this option to purchase by giving Tenant written
notice within thirty (30) days after the termination or expiration of this Lease. If Landlord fails
to give notice of exercise of the option to purchase<the antenna structure within said 30 days,
Landlord's purchase option shall immediately and irrevocably terminate and be of no further
force and effect, and Tenant shall remove the antenna structure as required under this Lease. If
Landlord exercises the option to purchase the antenna structure, upon payment of the purchase
price by Landlord, Tenant shall transfer the antenna structure to Landlord in its "AS-IS,
WHERE-IS" condition, without any representation or warranty from Tenant pursuant to a
separate purchase agreement and Tenant shall thereafter be relieved of any and all responsibility
or liability with respect to the existence or condition of the antenna structure. Landlord shall
have the right to assign the foregoing right to purchase the antenna structure to another user of
the antenna structure, which assignment shall be in writing, with a copy provided to Tenant.
D. Tenant, upon termination of the Lease, shall, within ninety (90) days, remove its
building(s), antenna structure(s), footings, fixtures and all personal property and otherwise
restore the Site to its original condition, reasonable wear and tear and casualty excepted.
Landlord agrees and acknowledges that all of the equipment, fixtures and personal property of
the Tenant shall remain the personal property of the Tenant and the Tenant shall have the right to
remove the same, whether or not said items are considered fixtures, and attachments to real
property tinder applicable law, provided tenant returns the site to its original condition.
Section 13. Default, If either party is in default tinder this Lease for a period of: (a)
fifteen (15) days following receipt of notice from the non-defaulting party with respect to as
default which may be, cured solely by the payment of money; or (b) thirty ('30) days following
receipt of notice from the wm-defaulting party with respect to a default which may not be cured
solely by the payment of money, then, in either event, the non-defaulting party may pursue any
remedies available to it against the defaulting party under applicable law, including, but not
limited to, the right to tertninate this Lease, If the non-monetary default may not reasonably be,
cured within as thirty (30) day period, this Lease may not be terminated if the defaulting party
1,CW-VII UlwerNCAStrcel Grove doc
corn mences action to cure the default within such thirty day period and proceeds with due
difig nce to fully cure the default. and Cures no later than ninety (90) days from notice of default.
Section 14. indemnity. Landlord and Tenant each shall Indemnify, defend and hold each
other harmless from any and all costs (including reasonable attorneys' fees) and claims of
liability or loss which arise out of the ownership, use and/or occupancy of the Site by the
indemnifying party. This indemnity does not apply to the extent any claims arising from the sole
negligence or intentional misconduct of the indemnified party. The obligations under this
section shall survive the expiration or termination of this Lease.
Section 15, Razardous Substances, Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively, "substance") on or under the Property or property that
is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Tenant shall not introduce or use any such substance on the Site in violation of any
applicable law. Landlord and Tenant shall hold each other harmless and indemnify the other
from and assurne all duties, responsibility and liability at each others sole cost and expense, for
all duties, responsibilities, and liability (for payment of penalties, sanctions', forfeitures, losses,
costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which is in any way related to: a) failure to
comply with any environmental or industrial hygiene law, including without limitation any
regulations, guidelines, standards, or policies of any governmental authorities regulating or
imposing
- standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless
such compliance results from conditions caused solely by, the Tenant; and/or b) any
environmental or industrial hygiene conditions arising out of or in any way related to the
condition of the Property or activities conducted thereon, unless such environmental conditions
are caused by the Tenant, then Tenant shall hold harmless, indemnify and defend Landlord for
all costs and expenses, including attorneys' fees for said sole negligence of Tenant.
Section 16. Taxes. Tenant shall be responsible for all real and personal property taxes
assessed directly upon the Site and arising from its use of the WSp on the Site.
Section 17. Insurance, Tenant shall procure and maintain commercial general liability
insurance., with limits of not less than Two Million Dollars (S2jXX).000) combined single limit
per occurrence for bodily injury and property damage liability, with a certificate of insurance to
be furnished to Landlord prior to Tenant's occupancy of the site. Landlord shall be named as an
additional insured under the>insurance policies required of Tenant, and such insurance shall be
primary with respect to Landlord and non-contributing to any insurance or self-insurance
maintained by Landlord, Stich policy shall provide that cancellation will not occur without at
least forty-five (45) days prior written notice to Landlord, Insurance requirements shall be
reviewed by Landlord and adjusted by Landlord, in Landlord's sole discretion, on every five-year
anniversary date of this Lease. Tenant shall provide any new certificates of insurance with new
limits of liability coverage within Fourteen (1 4) days of notice by Landlord to Tenant.
Ixtnkc.ell towerkCAStiverGrove,doc.
6
Section 15. Maintenance. Tenant shall be responsible for repairing and maintaining the
WSF and any other improvement', installed by Tenant at the Site in a proper operating and safe
condition: provided, however, if any such repair or maintenance is required due to acts of
Landlord, its agents or employees, Landlord shall reimburse Tenant for the reasonable costs
incurred by Tenant to restore the damaged areas to the condition which existed immediately prior
thereto. Landlord will maintain and repair all other portions of the property of which the Site is a
part in a proper operating and reasonably safe condition.
,Section_I 9._Possessory_Interest. In accordance with California Revenue and Tax Code
Section 107.6, Landlord hereby notifies Tenant that the interest created by this Lease may be
subject to property taxation and Tenant may be subject to the payment of a property/possessory
interest tax levied on such interest. Tenant shall be solely responsible for the payment of such
taxes< and shall defend, indemnify and hold Landlord harmless from and against any and all
claims or actions for payment(or nonpayment)of such taxes.
Section 20._Miscellaneous.
A. This Lease applies to and binds the successors, and assigns of the parties to this
Lease;
B. This Lease is governed by the laws of the State of California,
C. This Lease (including the Exhibits) constitutes the entire agreement between the
parties and supersedes all prior written and verbal agreements, representations, promises or
understandings between the parties, and any amendments to this Lease must be in writing and
executed by both parties;
D. If any provision of this Lease is invalid or unenforceable with respect to any party,
the remainder of this Lease or the application of such provision to persons other than those as to
whom it is held invalid or unenforceable, will not be affected and each provision of this Lease
will be valid and enforceable to the fullest extent permitted by law; and
E. The prevailing party in any action or proceeding in court to enforce or interpret the
terms or conditions of this Lease is entitled to receive its reasonable attorneys' fees and other
reasonable costs and expenses from the non-prevailing party.
Section_21. Reeordation. In entering into this Lease, Tenant and Landlord acknowledge
and agree that, among other things, it is the express intention of the parties that any and all other
persons and/or potential successors in interest and assigns of Tenant have actual and constructive
notice of Tenant's obligations under, arid the benefits and burdens of, this Lease. Therefore, the
Parties agree to execute as Memorandum of WSF Site Agreement (Exhibit "E"), which shall be
recorded by Tenant in the official records of the County of San Bernardino, Said Memorandum
shall be recorded prior to commencement of construction. The cost of the recording of this
Memorandum shall be paid for by Tenant.
Section 1,_ Subordination andN(->.n-Disturbance. At Landlord's option, this Lease shall
1xmWN toweOCAStreet Oaove d(W
be subordinate to any mortgage or other security interest by Landlord which from time to time
may encumber all or part of the Property or right-of-way; provided, however, every such
mortgage or other security interest shall recognize the validity of this Lease in the event of a
foreclosure of Landlord's interest and also Tenant's right to remain in occupancy of and have
access to the Site as In as Tenant is not in default of this Lease. Tenant shall execute whatever
instruments may reasonably be required to evidence this subordination clause. In the event the
Property is encumbered by a mortgage or other security interest, the Landlord immediately after
this Lease is executed, will obtain and fumish to Tenant, a non-disturbance agreement for each
such mortgage or other security interest in recordable form. In the event the Landlord defaults in
the payment and/or other performance of any mortgage or other security interest encumbering
the Property, Tenant, may, at its sole option and without obligation, cure or correct Landlord's
default and upon doing so, Tenant shall be subrogated to any and all rights, titles, liens and
equities of the holders of such mortgage or security interest and the Tenant shall beentitledto
deduct and setoff against all rents that may otherwise become due under this Lease the sums paid
by Tenant to cure or correct such defaults.
Section 23. Destruction of Site. If the site or property is destroyed, or damaged so as to
hinder its effective use of the property by Tenant, the lease shall terminate with rent to be
prorated by use up until the date the property is destroyed or rendered ineffective.
IN W11NESS WHEREOF, the Parties hereto have set their hands and affixed their seals
the day and year first above written.
LANDLORD TENANT
CITY OF DLANDS SPCS PCS ASSETS,L.L.C.
a municipal corporation
By- By:
ayor,, City of elands George Ghantors
Title: Regional Director of Site Development
Date: February 3, 2004 Date: 14?lello Z
Attest:
Cityberk--
8
EXHIBIT "B"
TO
WIRELESS SERVICE FACILITY LICENSE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
Lem\cell tou,er%(.AStrcelGrove.doc
20
EXHIBIT "B99
PARCEL LEGAL DESCRIPTIONS AND EASEMENTS
Parcel Legal Description Parcel Legal Description
WEAUIM IS INIX 711 TITLE W"I 41 66n-"a6 FRE"R"IN WORD"It NAME TV TITILE RUM Nd MEII-Ntrw PREPARE$Jrr
rw ANCItICIN TITLIC C~'MM A9IEL zm ERNST NMCMI TME CMARIT,DATERI ANE akfa an
R"property in tha CIty of Rodkpft County of San Berhandino,Slate of RAN waperty In the CRY of Rtd&%*County Of Saw somardifW Stat*of CoNfornio,
J*sa*ed as
follows: fallows:
PARCEL NA t: THOSE PORTIONS OF LOTS Z 3 AND 4,N BLOCK 2 OF HENRY L WILLIAMS TRACT,IN
THE
THAT PORTION Or LOT 1.KOM 2 OF HENRY L VOLUAM TRACT,IN THE CITY OF CITY Or RMANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER
REDLANTM PLAT
COUNTY OF SAN GERNAAVRNSTATE OF CALIFORNIA. AS PER PLAT RECORM"94 RECORDED IN BOOK 11 Or MAPS,PACE 17,RE"M Of SAM COUNTY.MORE
a"11 PARTICULARLY
OF MAPS,PACE 17,RECORDS OF SAND:COUNTY.DESCRIBED AS FOLLG*& DESCRIBED AS POULOW%,
BEGINNING AT THE NORTHEAST CONNER OF SAID LOT 1, SAID PONT BER4 ALSO WRESTBEGINNING AT THE SOIJ114WESICKY COItNER OF SAO LOT 4.THENCE HE ALONG T
THE
INTERSECTION OF W CEKTMJME Of WALNUT AVENUE AND THE CENTER LINE OF LINE THICRE-M NORTH 0 DEG. 13`:34"'WEST U40 FEET-, THENCE NORTH 44 OM 3T
NEVADA 21r
STREET, THEMCE SGHTH ALONG THE CENTER UNE OF NEVADA TIWEEY 1416 EAST.2428 FEET. THENCE NORTH Of OEM 5a1 13-EAST,1200.35 FEET TO THE
FEET, THENCE UHE OF
WEST 30 FEET TO THE NO11THEAST CORNER OF THAT PARCEL Of LAND EAST AID LOT 2L DI
CONTO THE STANT ALONG SAX)EAST LINELINE13t."FW MATHRORLY FROM THE
VEYED
REDLAHM GRANGEDALE ASSOCIATION, A CORPORATION.BY DEW RECOROCID SOLTIHEASTEItILY OMMER OF SAID LOT 3,THENCE NOWTH 89 DEC.OT OV EAST
APRIL 2, 1941 663.45 FEET
IN BOOK 1469,:. PACE 437.WMAL NEC=& THENCE WEST ALONG TIE NORTH TO THE CAST LINE OF SAID LOT Z TI-VIM SOUTHERLY&0w SAID EAST LINE,
LINE OF 137.83 fEEr
SAID COMPANYS LAMM 100 FEET,WOE OR LESS. TO THE NORTHWEST CORNEA: TO THE SOU14EASTMY CORNER OF SAO LOT Z THENCE WESTERLY NLOMC THE
THEREOF, $OUTHMY LINE Of LOTS Z 3, AND 4 TO THE POINT OF BEGINNING.
THENCE SOUTH ALONG THE WEST UNE OF SM COMPANY'S LAM, 40 FEET TO.A C(CEPT014,TPWREFROM ALL MINER"OIL... . AND OTHER HYDROCARW"BY
POINT 2016 101114ATSOREVER NAMES THAT WAY BE WITHIN OR UNDER THE PARCEL OF LAND
EMT SOUTH OF THE NORTH LINE Of SAID LOT 1; THENCE WEST 75 FEET;: HEIREINARIONIE DESCRWEM WITHOUT,HOWEVER, THE NIGHT TO DRILA,DIG OR NINE
INENCE SOUTH 10 THROUGH THE WAYACE THEREOF BY DEW RECORDED,MARCH 11,1963, IN BOOK
FEET. THENCE WIEST 124 FEET, THENCE SOUTH TO A POINT 21"FEET SOUTH 5867.PACE
or THE INIZ OFFICIAL RECORDS.
CENTER UNE OF WALNUT AVIDKRE: THENCE WEST 326 FEET TO THE*REST LINE
OF SAO LOT, APN:t 0292-01114-02-10-000
THENCE,NORTH 2111.6 FEET,WORE OR LM TO THE CENTER LINE OF WA MT
AVENUC
THURCRE EAST ALONG THE CENTER LINE OF WALNUT AVENUE TO THE PONT OF
DE004NM
EXCEPSW THEREFROM ANY PORTION LY0W VAIN NEVADA STRUT. Title Report (Easements)
ALM EXCEPTING YHEREFROM THAT PORTION CONVEYED TO THE STATE OF WMMa IS*X M TMI WORT N%M23-MMX PKPARUW
CALIFORNIA,BY FIRST ANDMIARR TITLE 00PAW,IArU JM t0;-2W
DEED RECORDED OECIMM Q. $9410 IN BOOK 53OZ PAGE 468;,OPWAL
RECO110% LYING
NORTHERLY OF THE FOLLOWING,OESCF48ED UW- 0 *WTES KATTE11"am
BEGINN11C AT..A POINT IN THE NEW LINE OF NEVADA STREET, 60 FEET 141OL I A r4ht of way of undkdowwd rout*and wilft for ingrit"and W*"porpos"thaw
DISTANT an
ALONG SAID WEST UNIE SOUTH 0 DEC.2S'447 EAST I82.5 FEET FROM THE AldobAshed roadway an the property heroin titiesibod.as conveyed 16 thee:-:
ON'"LINE OF Protective
INALNUT AVENUE, ABANDONED THENCE SOUTH 80 DEQ 34° IS-WEST 10000 Association.by agr*whont rveorakwi Afty iZ M5 In Book 575,""W of Deads.
FIDET; THENCE (MCT LOCATION OF SAW RICHT-A-*AY CANNOT BE DETERMINED PER RECORD OEM.)
SOUTH 72 OEM 54�OC WEST 44134 FEET, THENCE SOUTH SO OEM D5'55. 0
WEST 460.86 FEET "�th. AN easement for an 6-Inch cement pipe WA for draino"and Inciderital Purposes
TO THE WEST LINE OF SAID LOT 1. in
U document recorded March 16. 1934 as Book 944,a".255 of Officlat Recalls,
ALSO EXCEPTING THGWW ALL 14AT PORTION THEREOF CCNVMD TO THE
STATE OF 11, Abutter's riots of"ass and agrees to or from ,he abdjokwq kestay hof,been
CALJPOIN*A BY GRANT OM RECORDED APRIL 25, 1968,INSTRUMENT NM reomdatshod in
38-122349. the dowgrent reouftkid 19M as Instrument Na.a8-t22349 of OffIckif
OFFICIAL REC07M Records,
ALSO EXCEonNG THEREFROM ALL MINERALS,011-CASES AND OTHER
HYDROCARBONS BY Title Report (Easements)
WHATSOEVER NAME KNOWN THAT WAY BE V47FM OR UNDER THE PARCEL OF
LAND WVD"is ox To nnt REPw RL SZ"73W INERWEIR V
HERSNABOW DRESCIMSED,vWTH0uT HOWEVER THE MOOT TO ORRIL DID OR ANNE FIRST asOr-Rat TITLE awAw,RRATu Am a
THROUGH THE SURFACE THEREOF,AS RESER14n IN THE DEED FROM THE STATE
or
CALIF0000A.RECORDED FEDWARY C 10013 IN BOOK 5647,PACE SU OFFICIAL 0 KM=KRIM mom
PECORM Abuttar"e rights of ky*m and eV,,,to or*,ah Stote Hqtwty mo, 10 his 6&*ft ranPwAsh*d
PARCEL NO. I the fite%antht rwe nded stanch 11, IM3 P,go*5861. Pop a02 of Ofraink Atcards.
THAT PORTION OF LOT I,BLOCK Z W-4RY L. WILUAMS TRACT,IN THE OtY OF r"t affect of a deed execrated by Mary J, Skoqq4 a e4do.who has hat remarried to Mory J,
REOLMO!, StooIL as b'Ustat of the Mary j Stagg thist m dor Trust-A91Went dote October 41"5 and
COUNTY OF SM 0ERMAROINDL STATE OF CALIFORNIA, AS PER PLAT RECORDED IN hal aubstflut"and succotoar*the.~, rcc-Ood wwwary 22- 1996"krabn-baht no, 06-
SOON It 020526 of Officko Racadw-
OF wAP%PACE 17,RECORDS OF SAID COLINIV,E*SCFOWD AS FOU.UW&, At the date of recording of the 000whoht, the grantor had no recall Pit*1at 4v the to.4
COMMENCING AT::A POINT 161,15 FEET SOUTH OF THE INTEII[SECTION OF THE A D*d*fWI0n'01 OwdIC00o" far public road Puep6*41, 'including pblk utilly and pub6c s4r4ce
CENTIR LOB We", t*60Uted by the City of RodkWtft recorded Mach 12 t937. InsbUment no, 97-084941
OF WALNUT STREET AND NEVADA STREET; IHENCE WE-Sr 30 FEET TO THE TRUE Official Records,
POINT OF
ERECRNNnNq1 THENCE REST ROD FEET TO W NORTHWEST CORNER OF THE LAto
CONVEYED
TO THE REDLANDS GRANCECALE ASSOCIATION,A CORPORATION,BY OEM
RECORDED APRIL,
S. 1941 Of SOCK 1*60,PAM 437,OFFICIAL RECORD& THENCE SOUTH 40 FEET
TOA POINT
=6 FEET SOUTH OF THE NORTH UW OF W LOT 1; THENC:::WEST 76 PEETC
THENCE
—SOUTH to FEET: THENCE REST"FEET TO THE NORT11EAST COM40 Or THE
L-W
CONVEYED TO THE WAMMALE PROTECTIVE ASSOCIATION, A CORPORATION.BY
DEED
RECORDED DECEMBER Q. IM IN SOON 67S,PAGE IS& OFIFICIAL RECORDS;:.
THIENCE SOUTH
ALONG THE EAST.UNE OF SAID LAND 114,3 FEET TO,THE KENN LINE OF THE
ATCHWK
TOMA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE EAST ALONG THE
NORTH LINE OF
SAID WONT OF WAY TO THE WEST UNE OF SAD NEVADA STREET: THENCE
NORTH ALONG
SAID WEST LINE to THE TRUE?ORNT or BEC00401C.
EX THC"WHOM ALL THAT PORT" T14EREOF CONVEYER) To THE STATE OF
CALIFORNIA BY GRANT DEW RECORDED APRIL 25, 1986, INSTRUMENT No.:
W-122349,
OFFICIAL PECORM
APN-, 0292-064-03-0-OW a"0292-064-0-0-000
EXHIBIT "B"
SPRINT LEGAL DESCRIPTIONS
Proposed Sprint Lease Area Legal Description
THAT PORTION OF LOT 4, BLOCK 2 Or HENRY L ft"W TRACT IN THE CITY OF
REMANML COJMrf OF SAN BERNARDINOt STATE OF C"DMA,AS PER PLAT
RECOROW M BOOK 11 OF MAPS,PACE 11.REOOROS OF SAID C"M
DESCRIBED,AS FOLLOW&
COMMENCM At A PONT ON THE SOUTHERLY UNE OF SAID LOT 4, SAO POINT
BEING II&J1 FEEL EAST OF THE SMINWEST CORNER THMQF* THENCE
PERPEROKWAAR FROM SAID SOUT)4 UNE NORTH 00'2V 21'WEST 4.00 FEET TO
THE TRITE POINt OF MOINNIMIL
THENCE S"30.00 nXT;
1HENCIE WEST 43=MT,
THEI"NORTH 30.00 fuTI.
THENCE EAU 4100 FEET TO IM9 POINT OF KOW44
CaHTAN"s290 SWARE FEET moft M LEM
TOC""WITH THE ACCESS AM UTILITY EAS0"TS REOWWO TO SERVICE SAID
SITE,
lo'—O" Wide Proposed Sprint Utility Easement
A 10 FEET WIDE STRIP OF LAND WHO A PORTION OF LOT 4 BLOCK 2 OF HENRY
L WWAW TRACT.94 THE CITY Of REDLANDS,COMM OF SAN 9ERNARDINOt
STATE OF CALIFORNIA, AS PER MAT RECORDED N BOW il OF MAPS,PAGE 17,
RECORDS Or SAID COUNTY,CENTERLINE Or EASEMENT DESCF48CO AS fOLLOW&
BECIN0040 At A POINT ON THE SOUTHERLY LINE OF SAID LOT 4,SAID POINT
BONC t6IL00 FEET EAST OF THE SOUTHWEST COMM THEREOF; THENCt
PERPENDICL)LAR FROM SAID SOUTH LINE NORTH 00`W 21'V"t IM78 FEET.
THENCE VOEST 28.50 MT TO POINT OF MUMA'ACK
5'-0" Wide Proposed Sprint Access Easement
A 5 MET WAX STRIP OF LAND BEING A PORTION OF LOT 4 BLOM 2 Of HENRY
L)KUAht TRACT,M THE CITY OF REDLAHM COLWTY,OF SAM PERMARMOt
STATE,OF CAUFOMNIOL AS PER PLAT RECORDED M BOOK II Or YAPS,PAM 17,
RECORDS Or SAO CANM CaTERLIK OF EAM"T DESCMW AS FCLWft
COMIENMW At THE SOUTHW—V CONNER OF VJO LOT k TmEl,"NORTH
8"4'34*EW 3300 FEET ALONO THE SOUTHERLY UNE OF$A*LOT 4: 71,41"
NORTH OO!2SOV EAST 160 FEET TO THE IRM POINT OF REGRINImc; THENCE
PARALLEL TO THE SOUTHERLY LINE OF SAO LOT 4 NORM ft'3r3#`CASt 82—M
FEET; THEN"NORTH Ocr 2r is-ww 2.50 FEET:TO THE$WIN ww or THE
SPRINT LEASE AREA.
THE SIDELINES CV SAID STTW EASEMENT SHALL EXTEND OR TER14MTE At THE
SAN)SPRINT LEASE AREAL
EXHIBIT 46BIll
PLAT TO ACCOMPANY LEGAL DESCRIPTION
(ACCESS EASEMENT, LEASE AREA & UTILITY EASEMENT)
-- INTEMATE 1
( (m)
(E) RW OF WAY IFW womm ~LEASE
AREA TO 9E W04M
(E) QM LW FENCE (E) OPANGE GROW
(0" UWTO
BE ROVVED
ANID_, WR T-i f t PROPOSED +70'KCK 12'-4`METER
SIOM TO W4Tt t PROPOSED SPRINT STFALTH WATER TANK
SPRINT EaLFUENT SHn7ER)
PRI:)POSED 10 1-e WIDE
SPRINT UTIM EAS
PROPOSED V-O*
WOE SPW
ACCESS EASEWENr
(E) CMN LNA(
a�r
a�
0 o a
ROff OF oky (E) R-YLRW NT AXESS ROAD
AMAD IRA= IMPOSECI SPRINT
(RlWr USE AWA
OF WAY (43" CN'A -W-�+`-Lim sn
0
N
SCALE: V=301
Q iii'
EXHIBIT "E"
TO
WIRELESS SERVICE FACILITY LANDLEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
Lem\cell lower'CAStrect Grovc.doc
RECORDED REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Redlands
PO BOX 3005
REDLA NDS CA 92373
MEM LAND LEASE AGREEMENT
This Memorandum of Lease ("Memorandum") dated as of February 3, 2004, is between
City of Redlands, a municipal corporation ("Landlord"), and Sprint PCS Assets, LLC, a
Delaware limited liability company, ("Tenant").
WITNESSETH:
That Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion
of that certain real property (the "Property") in the State of California, County of San
Bernardino, City of Redlands, commonly known as California Street Grove (APN 292-064-02),
the "Leased Area, a legal description of which is shown in Exhibit A attached hereto and
incorporated herein by reference, under the terms and conditions of the unrecorded Wireless
Service Facility Land Lease Agreement by and between Landlord and Tenant dated February 3.,
2004 and incorporated herein by reference (the "Agreement") for an initial term of five (5) years,
and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of
the Agreement, The Agreement provides for grant for rights of access to the Property and Site
and to electrical and telephone facilities serving the Property and leased Site.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and
year first above written.
[SIGNATURE PAGE FOLLOWS]
Lenkell orverCASticeT Grove Jm
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of
lease as of the date and year first written above.
CITY OF REDLANDS, Landlord
Date: February 3, 2004
May-
c�/
ATTEST:
City)elerk
Tenant
SPRINT PCS ASSETS,LLC,
A DELAWARE LIMITED LIABILITY COMPANY,
By:
George Ghantors
Title: Regional Director of Site Development
Tenant Initials
Date:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority,granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 3,
2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
f Xj personally known to me - or - ( ) proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
NO WITNESS my hand and official seal.
0
..........
ti 0 LORRIE PAYER, RKZCITY CLE
1888
By:
,,,Z/r,
441 \V Beatrice Sanchez, Deputy. City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Offlicer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRI13ED BELOW:
Title or Type of Document-, Memorandum of Wireless Service Facility Land Lease Agreement
Date of Document, February 3, 2004
Signer(s) Other Than Named Above: George Ghantors, Sprint PCS
SPRINT PCS ASSETS, L.L.C. NOTARY BLOCK:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
The foregoing instrument was acknowledged before me this 31s' day of December, 2003, by
George Ghantous, Director of Site Development, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity and that by his signature on the
instrument the person or the entity upon behalf of which the person acted, executed the
instrument,
Witness my hand and official seal,
V,
(AFFIX NOTARIAL SEAL)
L!5'A 0, K 5 Ff S EY
3 0?7 87
(OFFICI
N&AkyOG
SI E)
JI
Notary P I' lic State of Cal ta
founty
Vay7,2005J
Lisa D. Kersqy
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
May 7, 2005
COMMISSION NUMBER: 1303787
EXHIBIT "A"
TO
MEMORANDUM OF WIRELESS SERVICE
FACILITY LAND LEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS. LLC
lzm�cll t,)wer\,(-'AStreet Gmve,doc
EXHIBIT 46 '19
PARCEL LEGAL DESCRIPTIONS AND EASEMENTS
Parcel Legal Description Parcel Legal Description
BMW aWINETD TITLE Ww 16 PVN"ITT wum M wx TO TITLENL LCF
FTRSt.AWRION T€TLE COFMN.OUTEt At a3 an F"#IEREtN TITLE il.CAM JUNE'a M-
Rod property kt the City of Redasdq County of Sar+BiwaordlMa, State of .Real WvWy in the City of Radmtft County of San Sornardina,State of California
fola w :tstiaera:
PARCEL NO,f,: THOSE PORTIONS OF LOTS 2, 3 AND 4,IN BLOCK 2 OF NINNY L WILLIAMS TRACT,IN
THE
THAT PORTION OF LOT 1„OLOCIE 2 OF HENRY L WILLIAM TRACT;IN THE CITY OF CITY Or COUNTY OF Sea:BERN STATE.OF CALIFORNIA.AS PER
REDLANM PLAT'. .
COUNTY O=SAN STATE':OF CALIFORNIA.AS PER PLAT RECORDED,IN. RECORDED::9N It OF MAPS..PACE 17,RECORDS OF SAID COMTY, WOW
BOON TT_ PARTICULARLY
OF MNAPS„PAGE 17,RECORDS OF SAM COUNTY,DESCRIBED AS.FOLLOW& OE AS:FOULOVISt
BEGW404 AT THE NOR OF SAID LOT 1.SAID POINT BEING ALSO BEGINNING AT THE SOUTH Y CORNER OF SAA LOT 4; TWE14M ALONG THE
THE WEST
INTERSECTION OF THE CENIERUMIE OF WALNUT AVENUE ANO THE.:CENTER LICE OF LIFE'THEREOF,NORTH 0 OEM ZY 34'WEST 53.40 FEET; THENCE NORTH 44 BEG. 3W
NEVADA 26,
STREET. THENCE SOUTH MING THE CENTER LINE.OF NEVADA STREET f6,Z6 EAST,2IL20 MT. THENCE NORTH aG OEM 54" t3'EAST.8260.35 FEET TO THEN.
FEET„ THENCE EAST LINE OF
WEST 30 FEET TO THE MORI EA lT CORNER OF THAT PARCEL,OF LAND AID LOT 3.DISTANT ALONG SAID EAST UK 131:99 FEET NORTHERLY FROM THE......
CONNVEYEO TO THE SOLiTNEASTERLY CORNER OF SAID LOT 3, THENCE NORTH 89 OEC 05-ft-EAST
REDLANDS ORANNGETTALE ASSOCIATION,A CORPORATION.BY DEED RECORDED 663.45 FEET..
APRIL% 1941 TO THE EAST LINE OF SAID LOT 2, THENCE SGUTNERLY ALONG SAO EAST LhW,.
I4 BOOR 1469„. PAGE 437,:OFTTCYAL RECORM THENCE WEST ALONG THE NORTH 137.63-FEET
UK OF TO THE SOUTHEASTERLY.. SAID LOT 2, THENCE WESTERLY MING THE.:
SAM COWPANY 5 LAND, 104 FEET,MORIE OR LESS.TO THE NORTHWEST CORNER SdJTHERLY LINE OF LOTS 2. '3,AND:4 TO THE POINT OF BEGININNO,
THEREOF,
THENCE SOUTif ALONG IRE*$I LINE OF SAID COM PANY$LAND,40 FEET'TO A :EXCEPTING THIEREFROM ALL MWERAL%OK-GASES AND OTHER HYDROCARBONS BY
POINT 202.6 WHAT VER NAME SHOW4 THAT MAY BE WTfd4 OR UNDER THE PARCEL OF LAND
FEET'SOUTH OF THE NOM.::LOW OF SAID LOT 1. THENCE WEST 76 FEET.. HERk7NAOO E.DESCRi D:.WITHOUT,HOWEVER,THE OCHT TO DRILL.DIC OR MINE
THENCE SOUTH 40 THROUGH THE.SURFACE.THEREOF BY OEEO RECORD MARCH 11,1963.IN BOON
FEET; TH04M WEST 124-FEET; PO4CE SOUTH TO A POINT 21”FEET SOUTH 5867..PACE
OF THE 902, OFFICIAL RECOOM
CENTER LINE OF WALNUT A!iEMMI THENCE WEST 326 FEET TO THE WEST UME
OF SAID LOT.. APW: 0292-064-022-0-000
THENCE NORTH 216,6 FEET,MORE OR LESS.TO THE CENTER CANE OF WALNUT.
:.AVENUE;:
THENCE CAST ALONG THE CENTER UNE,OF WALNUT AVENUE TO THE POINT OF
BE
EXTEPTing TKOURM ANY PORTION LYING WITH NEVADA STREET. Titin' Report (Easements)
ALSO EXCEPTING::. THAT PORTION CONVEYED TO THE STATE OF: IS NIDE T9;I=Ww a It.
CALIF: A,9Y: FIRST 09=0 MU APART,IATU FAC 63,
OM RE DECEMBER'12.1 *0 BOOK 53OZ:PACE 484,OFFICIAL
RECORDS, LYRNS . . R.BTTE6ItEREDt.
NORTHERLY OF THE FOLLOWING DESCRIBED LINE ..
.
BEGINNING AT A PONT I4 THE WEST LIE OF NEVADA••.STREET,SO FEET Wim. I. A right of ray at undisclosed route and width for ingreu and Wass mAR-.
DISTANT. arr..
ALONG SAID WEST LINE SOUTH D DEC- 25'4r EAST 162,6 FEET FROM THE ewtabilohad roadway an the Property herein.dweerbed,as conveyed to the Otangledoe,
CENTER CINE OF peateeffft
WALNUT AVENUJ%- ABANDONED THENCE SOUTH 89 CEG.34`16"WEST 100,00 Aswetatloa,by aareanetn.t recorded July 12. 1915 In Book 575,Page W.of Deadx.
FMT; 114ENCE 0 (EXACT..LOCATION OF SAID RIGHT-Am WAY CANNOT 6E DIETERWEINED PER ACCORD DEIGO.)
SOUTH 79 GEC 54"Oe WEST 4CL34 FEET, THENCE SOUTH 69 DEG,05'55'
NEST 460.86 FEET An easwenent for::an 8-inch einem plim Rna forand Incidental pLirposes.
TO THE WEST LINE OF SAID LOT I. In the
doament recorded Moroh 16,3934 w Brrak 944,Pa9a:255 of Ot4dol Raoordl4
ALSO EXCEPTING.THEREFOM ALL THAT.PORTION THEREOF CONVEYED TO THEN
STATE OF S: Muffin"x riots Of Ing""0"ogress to or from the ad) ung f'"vaty no"beam
CAUFORMA by GRANT DEED:RECORDED APRIL 25.191M INSTRUMENT NCD: relinquished in
66-7:22339, Raeardtwthe doameat recorded AP+t 25, 1988 an fnxtru—t Nes 878^-122349 of Offidd
OFTICtAL RECOM
ALSO EXCEPTING TN ALL.MWRAM 011. GASES AND OTHER
HYDROCAPSCINS BY Title Report (Easements.)
WHATSOEVER MAW KNOWN THAT MAY BE WLTHN4 OR UNDER 7K PARTY`OF
LAND wima 6 AUIE TO I=REAM In xwwne won ry
OTHOUTTHE RIGHT TO DIG OR MINE FIRST MERIEW TITLE tMANT,iMTE#:AW 2t,2t#
THROUGH THE SURFACE O',AS RESERVED 91 TRE GEED FROM THE STATE
DF ':.
0
CALiFRSRNiA.t� #4 6, 1963 BOOK 5647. pAL'E.933,OFFICIAL
RECORD& 3 AbuttW.rights of ingross and egress to:or frorn State Highway No. 10 tmaa been reloquished in
PARCEL NO. Z: the docu -t recorded Marsh 11, 1963-Book 5867,.Page 602 of Official Reecord&
THAT PORT"OF LOT I,BLGCX 2.HENRY L TRACT,k THE CITY OF : the effset of a executed by Mary 1 Stagg,..o etidm vete leo4"t r to Mary,L
PEOLAOMStag.Ifs"ustao of tHa WaryX 5togg Trust tardy Trust, t doted Databr 2,1995 and:
TY OF SAWN:. STATE OF A,.::AS PER PLAT RE iN. 111.1er
..the
and sxeaeswrs: mJanuarythe ..ar :re"IdeJanuary22,. 1996 on init a aat na 96-
BOOK t1 020525 of Of6dal Re arch,
OF MAPS;PAVE..17,RECOROS:OF SARI COUNtr, DESCRIBED AS FOLLOWS::. At Ott date at yea ^dlrg of the dommott, the,grantor had,rep r and 6eteetst in Cha land.
CDAWNC04C AT:A PONT 8624 FEET SMT14 OF THE INTERSECT;CH OF THE.: : A Uselorotlon-of D-*,-tier. for Poole,road pLpowm araudlng powic utAlty and Public xR o
CENTER.LIES. uses, ted by the City of Radands, recorded Mardi 12, 1997,Mhstrurreett no, 97-484943.
CF WALNUT STREET ARID NEVADA STREET„. THENCE WEST 30 FEET:TO THE TRUE: Official Racurdo,
POINT 07
MCO� THENCE WEST H)O FEET TO THE NORTHWEST :F TfE RAND:.
CONVEYED
TO.THE REDLANDS OKANCEIGALE ASSOCIATION,A CORPORATION,BY OM
RECORDED APRT.
9. t941 I4 BMC'.1499,PACE 437, L REC,DRIM SOUTH 40 FEET
TO A...POINT
202.4 FEET SOUTH OF TIE NORTH LINE OF SAID LOT:1. THENCE WEST 76 FEETz
T€EtrkCE:.
SOUTH, IC FEET:::TH04CE NEST S9 FEET TO THE NORTHEAST CONNER OF THE
CO NVEIED TG THE ORANGEDAUE PROTECTIVE ASSOCIATIONIL h CORPORATICK BY
DEED
RECORDED DE 12,1930 IN Et"::476,PAGE 153. MTMZ14 RECORDS:
THENCE SCUYTN'.
ALONG THE CAST LINE OF SAID LAND 114.3 FEET TO TRE NORTH UNE OF THE
ATCHISON,
TLXe A AND SANTA FE RAILWAY RIGHT OF WAY: THENCE EAST"ALONG TME::
NORTH UNC OF
SAID RIGHT OF WAY TO THE WEST OF OM NEVADA STREET; TH04M
NORTH`ALONG:..
SAID WEST LINE TO THE ME"I OF BEGINNING,
EXCEPTING THFIREFACU ALL.THAT PORTION THEREOF CONVEYED TO THE STATE.OF:.
CAUFORNIA BY GRANT DEED,RECORDED APRIL 25, 191M INSTRUMENT NO.08-122349. .
OFFICIAL REV
API: 0292-06.4-03-0-I00,.and 0292-064-05-0-000:
EXHIBIT "A
SPRINT LEGAL DESCRIPTIONS
Proposed Sprint lease Area legal Description
THAT PORTION OF LOT 4. 2 OF HENRY L. WILLIAM TRACT 6A THE CITY OF
COUNTY OF SAIL STATE OF tALIFOW&AS PER PLAT
RECORDED IN BOOK 11 OF MAPS,PACE.17.RECORDS D SAD COIRITY,:.
DESCRUIED AS`.
C MwMENC7NC AT A POINT 00 THE SOUTHERLY LIE OF SAID Lot 4,SAD.:PONT
8040 116.31 FEET EAST OF THE SOUTHWEST CORNIER THEREOF; THENCE
PERPENDICULAR FROM sw SOUTH LINE NORTH.00'W 21`WEST&OC FEET TO
THE TRE PONT OF ERE
THENCE SOUTH.3AkOO Ti.
TH�'WEST 4100 FEET:
THENCE NORTH 3MM FEET:
EAST 4.100 FEET TO TRUE POINT OF EEC:.
OCINIAINIING 1290 SQUAW FEET MORE OR LESS,
TOGETHER YAM THE ACCESS AMID UT61TY EASEMENTS RECARROD TO SERVICE SAD
SITE-
10'-0"
ITE10'-0" bide proposed Sprint Utility Easement
A 10 FEET WC WRIP OF LAND BOW A PORTION:OF LOT 4 6L.00K 2 OF HENRY
L."UJAM TRACT;IN THE CITY OF REOLANK CDUNW or SAN
STATE OF CAUFOFR#&AS PER PLAT WCOROW 1104 BOOK 11 Of NAPS,PACE 17
RECORDS OF SAID COUNTY, CENTEIRUINE OF EMERENT DESCRVIED AS F-OLVXft
KGNNING At A POINT ON THE SQUINERLY LIR:OF SAID LOT 4;SAID PONT
SONC 199.00 FEET EAST OF THE SOUTtHIM , MERCE
PERPENDICULAR FROM SAD SOUTH LW:40M OO'25'21'NEST 10.78 FEET::
REST Z%W MY TO PMT OF TIORMINIATION.
'—U" Wide proposed Sprint Access Easement
A 3 FEET WDC STRIP OF LAND KIND A PORTION OF LOT 4 @L.E"2 OF HENRY
L. TRACT,N4 THE CITY OF REXAMM COUNTY,OF SAM
STATE,OF AS PER PLAT RECORDED tti 8DE3K 1} CF.YRAF'�.PAOE.1?;
RECORDS OF SARICOUNTY.CEN :OF T AS
COMMENCING AT THE. OF SAID LOT 41 THENCE NORM
8934'39`EAST3A00 FEET ALONO THE SOU74MY L6E OF SAID LOT 41 THENCE
OS"EAST 3.30 FEET TO THE 1RLE POINT OF DE
PARALLEL TO THE SOUTREXY UNE OF SAAR LOT 4:NORM 8I34'3r Eat RD:3S
FEET:..'THENCE NORTH OO°2:r 1ST WEST ZSO FEET TO THE SOUM UNE OF T14E
SPRINT LEASE.AREA,
THE. IP OF SAD STRIP SHALL OR TE AT THE
.�iAN)'SPRINT LEASE AREA..
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
(ACCESS EASEMENT, LEASE AREA& UTILITY EASEMENT)
wwwAlt ,0
(E)WEM
"TOTAL O (+) OWING
(E) PlJ8LlC RK>ff OF VVY TREEWTHN SW LEASE
S
ARFA a BE F800,
(E)CVWN LW FENCE (E) ORANGE GROW
(CHAIN UNK TO BE REMOVED PRVOSED +70' NICK 12'--0*MMIETER
AND ROMAcED Wm 1-m SPRINT STEALTH WATER TAW
SWING TO VA70PROPOSED
t
t=
SPRINT UTKITY EASE)"
PROPOSED 57-0'
W"SPRW
ACCESS EASEMENT
(E) OWN LNk FENICE
0 0 o —
. d
or war (E) RAkRW DIRT ACCESS ROW
REWK 4*-r OF DUSTING PROPOS r-s
11 SOM
TWO (2) END POSTS (E)
RAMAD TRAMS
(E) AREA
SCALE. V=30'
0 1&