HomeMy WebLinkAboutContracts & Agreements_21-2004_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2/06/2004
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AuditorlCorttroliar — Recorder SH
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RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Onc#: 2004-0094761 Titles: 1 Pages: 10
Fees 0.00
City Clerk Taxes 0.00
City of Redlands FAIDr so o@
PO Box 3005
Redlands, CA 92373-1505
FEES NOT REQUIRED
LICENSE AGREEMENT PER GOVERNMENT CODE
SECTION 6103
This License Agreement (",Agreement") is made and entered into this P 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 limited liability company, 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 a portion of Prospect Park Grove (the "Property"). Licensor and Licensee
have entered into a Land Lease Agreement for the Property for the purpose of Licensee's
Operation of a personal communications service system facility. A copy 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 enter 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 a non-exclusive license to
enter upon and use the Property for the purpose of placement of stealth antenna towers, and the
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
leWeelhoweAsprintprospect park grove
13
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 Property 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.
3. 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".
4. Insurance/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 nment. 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.
6. Entire 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.
7. Attome s 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. Governing Law. This License Agreement shall be governed by and construed in
accordance with the laws of the State of California.
[SIGNATURE PAGE FOLLOWS]
lemNLelhowe&printprospeci park grove
14
below. In witness whereof the parties have executed this Agreement as of the dates indicated
CITY OF REDLANDS, Licensor
Date: —,February--,._.2004
ayor
ATTEST:
CitJerk
Licensee
SPRINT PCS ASSETS, LLC,
By: Mtrurn LR
Ghantous
e eni vele Director
Title: Regional Director of Site Develjlln
Date: Z�
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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
{ X} 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.
N ofRED WITNESS my hand and official seal.
Cj` LORRIE POYZER, CITY CLERK
s,
$88
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
} Individual(s) signing for oneselUthemselves
{ } Corporate Officer(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 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 ID #:
SPRINT PCS NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20y by
, as of Sprint PCS
Assets, L.L.C., a Delaware limited liability company, who executed the foregoing instrument on behalf of the partnership.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
STATE OF
COUNTY OF
Th fare M' i frame t wa acknowledged before me thi
Cof
g 203 by
as of Sprint PCS
Assets, L.L. ., a laware limited liability company, who executed the foreiaag instrument on behalf of the
partnership.
i
UFA I7, KIR EY
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(OFFICIAL NOT S C ;�4
Cain NOTARY PUBLIC ATE OF
rj i sn.Exir R+1ay 7,2006
My commission expirrs:
(PRINTED,TYPED OR STAMPED NAME OF NO ARY)
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 in the attachment:
Landlord Initials
Tenant Initials
1em\ce1jtower\sprintprospect park grove
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EXHIBIT A
PROPERTY
LOTS I,2,3, 14, 15, 16, 17 AND 18 OF BLOCK 27,ACCORDING TO MAP NO. 6 OF REDLANDS HEIGHTS,
IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 7,PAGE(S)40,OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT FROM SAID BOOK 27,THAT PORTION CONVEYED TO CLARISSA E. LANDELL BY DEED
RECORDED APRIL 16, 1920 IN BOOK 678,PAGE 291 OF DEEDS,AND BY DEED RECORDED JULY 13.
1931 IN BOOK 736, PAGE 359,OFFICIAL RECORDS.
NOTE:PORTION OF LOTS 1,2,4 AND 5 IN BOOK 27,HEREIN ABOVE DESCRIBED ARE EMBRACED
WITHIN THE LINE OF NEW PROSPECT STREET,AS SHOW ON MAP RECORDED TO BOOK 13, PAGE 45
OF MAPS.
ACCESS EASEMENT
.BEING A PORTION OF LOTS 3, 14 AND IS OF BLOCK 27 PER MAP NO. 6 OF REDLANDS HEIGHTS, IN
THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED FOLLOWS:
BEING A STRIP OF LAND 12.00 FEET WIDE, LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NW CORNER OF LOT 14;THENCE SOUTH 331 58'34",6.00 FEET TO THE POINT
OF BEGINNING;THENCE NORTH 56° 01'26" EAST,214,09 FEET; THENCE NORTH 860 12'45" EAST,94.35
FEET TO A POINT HEREINAFTER REFERRED AS POINT"A"AND THE END OF SAID STRIP,
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO THE WESTERLY LINE
OF THE HEREINAFTER DESCRIBED LEASE AREA.
LEASE AREA
BEGINNING AT POINT"A"AS DESCRIBED ABOVE;THENCE N04132'24"W, 10.00 FEET:"THENCE
N85027'36"E,30,00 FEET;THENCE SO4132'24"E,20.00 FEET;THENCE S85°27'36"W, 10.00 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT"B"; THENCE CONTINUING S85°27'36"W,20.00 FEET:
THENCE N04032'24"W, 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 600 SQUARE FEET OF LAND-
UTIMY EASEMENT
BEING A STRIP OF LAND 5.00 FEET WIDE,LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT A POINT"B" DESCRIBED ABOVE,- "THENCE SOUTH 72035'07" EAST,59.24 FEET:
THENCE SOUTH 00°05'43"WEST, 145.22 FEET;THENCE SOUTH 89°54'17" EAST.8,65 FEET TO THE
EASTERLY LINE OF SAID LOT 18 AND THE END OF SAID STRIP,
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED TO THE SOUTHERLY LINE
OF THE HEREINB OESCRIB�F»,AREA.
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Los Angeles CURPORAIE 108 Business Center na,CA 92880 Phone (909)280-9960 fax (909)280-9746
Denver 6860 South Yosemite Ct.,Suite 1150,Englewood,CO 80112 Phone (720)488-1303 Fax (720)488-1306
Phoenix 7755 East Gray Rd.,Suite 101,Scottsdale,AZ 85260 Phone (480)596-6514 Fax (480)596-2674
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
lem\celltower\sprintprospect park grove
EXHIBIT B
PLAT TO ACCOMPANY A LEGAL DESCRIPTION
(PROPERTY)
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EXHIBIT B
PLAT TO ACCOMPANY A LEGAL DESCRIPTION
(ACCESS EASEMENT, LEASE AREA & UTILITY EASEMENT)
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