HomeMy WebLinkAboutContracts & Agreements_23-2004_CCv0001.pdf Recorder!in official Records, County oa San Bernardino
210612004
LARRY WALKER 1:17 PM
w Auditor/Controller tie order SH
R Regular Mail'
RECOR fNG REQUESTED BY Dors#: 2004-0094760 Titles- I Pages: 18
AND WHEN RECORDED MAIL TO: Feet 0.00
Taxes 0.0
Other 9.99
1'A I 17 �s�_
City Clerk 00
City of Redlands
PCS Box 3005
Redlands,CA 92373-1505
FEES NOT REQUIRED
LICENSE AGREEMENT PER GOVERNMENT CODE
SECTION 6103
This License Agreement ('"Agreement") is Heade and entered into this 3"1 day of
February `? (the "Effective Date"), by and between the City of Redlands, a- municipal
corporation ("Licensor") and. Sprint PCS Assets, LLC, a Delaware limited liabilitycompany,
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 ai portion of California Street Grave (APN 292-064-02) (the. "Property")
Licensor and Licensee have entered into a Lind 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 ruts 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.
Ili consideration of the mutual promises contained herein, Licensor and Licensee agree as
tol lows:
AGREEMENT
I. Grant of License. Licensor° hereby grants to Licensee a nein-exclusive license to
enter upon and use the Property for the purpose of placement of stealth antenna towers, and the
UnAcell tower\C StrertCrove(ILK
14
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.
1) Condition of Proverty,Not Warratited, 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. Assignment. 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.
r-�
7. Attorneys Fees. In the event any lega.1 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]
lzmk,yll sowerk,"A(reef Girds doe
below. In witness whereof the parties have executed this Agreement as of the dates indicated
CITY OF REDLANDS, Licensor
Date: February 3, 2004
4ayor
ATTEST:
City Vlerk
Licensee
SPRINT PCS ASSETS, LLC,
By:
George Ghantors
Title: Regional Director of Site Development
Date: I 20116-e
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA;
COUNTY OF SAN BERNARDINO SS
CITY OF REDLAND }
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 Lorne Poyzer
{ Xj personally known to me - or - f I 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.-
WITNESS my hand and official seal.
'y: o pca LORRIE POY ER CITY CLERK
1 ,.
• 88
%` C� t ,���"` Beatrice Sanchez, beputy City Clerlt
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ Individual(s) signing;for oneselflthemselves
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 Documenc License Agreement
,Date of document: February 3, 2004
Signer(s) Other Than Named Above: George Ghantors, Sprint PCS
October 2002
Site Sprint PCS Site Ili a
SPRENT' NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ®, by
as of Sprint Pb
Assets, L..L.C., a Delaware limited liability company, who executed the foregoing instrument on behalf of the partnership.
(AFFIX NOTARIAL SEAQ) (OFFICIAL NOTARY SIGNATURE)
NOTARY PLIC STATE OF
My commissionexpires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
STATE OF G
COUNTY c
The forego mstru ent was cknowle ged before e this ria of Cl , by
as _... of Sprint PCS
Assets, Ll-d.,a ° 'la lim-sited liability company, who executed the foregomng instrument on behalf of the partnership.
Ij SA
t (OFFICIAL NO I
t NOTARY PUBLIC STATE OF
My commission.on (PRINTED,TYPED OR STAM "NAMEOFN ARY)
EXHIBIT "A"
TO
WIRELESS SERVICE FACILITY LICENSE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
Lemk-elf towers ASmet Grove-doc
EXHIBIT "A"
WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT`
This Land Lease Agreement; (the "Lease") is made and entered into ora
February 3, 2804 by and between the City of Redlands, a_municipal corporation ("Landlord")
and ,Sprint PCS Assets, L.L.C., a Delaware 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 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 Code. In order to develop the Site, Tenant will have to
apply for and obtain from the City, a Conditional Use Permit ("C"UPP") 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 I st 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. After
the approval of the CLIP, the terms of the Lease will convert to Section 2(B) herein, "Post-CUP."
(i) 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-CUP:
The term.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 term of this Lease shall be as
is now set forth herein; The "Commencement Ute" 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. Dent shall be paid on a monthly basis, commencing on the
Commencement late in the amount of ` 2,08 per month, to the City of Redlands or to such
1tLANxI IQcwcr CrtiSfr€ctf rove
other person, firm or place as the Landlord rnay, 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 ftiel,
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. Title and Quiet 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 enjoy the Premises.
Section tO. Assi nmettt 1Sublettin�: 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
[_Lnkell iower\CAStreetGrove
2
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 rnerger, 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
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: KSOPHT0101-22020
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 NSF provided that such improvements remain within the
physical parameters of the [eased Site and do not violate the.provisions of the CUP.
Section 9 Chance with Laws: Tenant shall comply with all applicable laws relating
to Tenant's operation of the WSF and the improvements constructed by Tenant constructed
pursuant to CUP at the site.
Section 10 Interference. Tenant shall 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 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
1xnkell tower4CAStreel 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 (APIA 292-064-02) 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 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 (30) 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 W 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 as 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 tert-ninates 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 a reasonable time 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 liabilityimmediately terminate this Lease by written notice to Tennant. Upon
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termination, all prepaid rent, as prorated by use, shall be returned to Tenant, Lip to a maximum of
six month,-, 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 (3(f) 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 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 falls
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 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 (1 5) 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 (3 0) 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 (301) day period, this Lease may not be ten-nitrated if the defaulting party
Lrnk:ell v�er,(Mcr"i 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 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. 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,(00,000) 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 Linder 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.
L,emkell towerNCAStreetGrove,doc
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Section 19. 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 damaged areas to the condition which existed immediately prior
thereto. Landlord will maintain and repair a]I other portions of the property of which the Site is a
part in a proper operating and reasonably safe condition.
Section 19. 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;
& 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 2 1. 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 "I,"), 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
Unk,ell towerVASireet Grove,do
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 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 rendered 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 DLANDS SPCS PCS ASSETS, L.L.C.
a municipal corporation
By,
BY
ayor, City of e lands George Ghantors
Title: Regional Director of Site Development
Date: Fe.bruary 3, 2004 Date:
Z
Attest:
Cityberk
8
EXHIBIT "B"
TO
WIRELESS SERVICE FACILITY LICENSE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
SPRINT PCS ASSETS, LLC
l xnAceil towefNC treetGrove_doc
18
EXHIBIT "B"
PARCEL LEGAL DESCRIPTIONS AND EASEMENTS
Parcel Legal Description Parcel Legal Description
WERACE aWME IS TITLE T IQ aNz3- - BY WIC1113a 13 PAST IS ITILE MKIIIII rd Ka-110Me PKINREII V
nw MCMAR inu covow,AATES AK¢L M r1w emmuto TILE ONW.NATO L[.21 29FS
Res :WINeNty W the City of 4MLands.Oaunfy of San.60"OrdEwy'Stats Of Red property h TH,City of Rddidru*Cwmty:of Son Sdmordho.Sides of CdflforrliaA
CdOosatfa, dvocrtod as diescrilowd as
rodows; follows:
PARCEL NO. #:' INf3�PORTITNS OF LOTS 2.3 AM 4,IN SEOCK 2 OF HENRY L WILLIAMSa
fAMS TRACT.:I .
THE
THAT PORTION or LOT 1,ft=2 OF HENRY L.WILLIAM TRACT. IN THE..CITY OF CITY OF REDLANDS.COUNTY Of SAN STATE CIF`CALIFORNIA,AS
PER
PLAT
CGUNTY OF SAN O: STATE OF CALWORNA,AS PER PLAT RECORDED R4 RECORDED IN SOON it OF MAPS.PACE 17,RECORDS OF SAID COUNTY,
MORE
ISOM TT PARTICULARLY
OF MAP&PACE 11,RECORDS Or SAID COUNTY,DESCRISED AS f AS FOLLOVaBEGINNING ,
AT THC NORTHEAST CORNER OF SAID LOT.I,SAM PONT BMG At:50 000N111,91NO AT THE MU114KSTERLY:CORNER Or SAID LOT A- THENCE ALONG THE
TOE WEST
iNTERSECTTON OF INE CENTERLINE OF WALNUT AVENUE AND THE CENTER LINE OF I:"THEREOF,NORTH a DEG.2S`34"WEST SM40 FEET; DRENDE NORTH 44 DEC,3VNEVADA 215'
'.
STTt Y SOUTH At."TIE CENTER LINE OF.NEVADA STREET 1676 EAST,2&2S.FEET,THEME NORTH 66 OEC. 5e t3`EAST 1260.35 FEET TO THE:
FEET; TRENCE EAST LN4E OF
WEST:30 FEET TO THE NORTHEAST CORNER OF THAT'.PARCEL.OF.LAND AID LOT 3,DISTANT ALONG SAO EAST L14E 134.96 FEET NORTHERLY FROM THE
CONVCEIED TO TK SOUTHEASTERLY DORMER Of SAID LOT 3, TIMM NORN 59 OEG OV:W EAST"
REDLANDS iNtANCEDACE ASSOCIATION. A CORPORATICIA 6Y DEED.REC'CROE6 843.45 FEET
APRIL S. t94f TO THE EAST LANE OF SAM LOT 2.THENCE SOUTHERLY ALONG SAID EAST LINE.
04 146% PACE 437.OFnCtAL RENS: THENCE.WEST ALONG THE NORTH 131.93 FEET
Lb#OF To THE SOU... Y CORNER OF SAND LOT M THENCE WESTERLY ALONG INE.
SANG CCTMPANY"S LAND, HTO FW NDRE OR LESS, TO THE NORITIVIEST CORNER SOUTHERLY LINE OF LOTS 2, 3,ANDA TO TFE POINT OF DE
THEREOF;
THIENCE SOUTH,ALONG THE REST Ldp OF SAS)COMPANYS LAND,40 MT TO A E%C;EPTING 11HERDFROM ALL M Olk-GASES AND OTHER MYOROCARSOW ELY
POPIT 202.9 WHATSOEVER NAME SHOWN THAT MAY 9E mYtois OR UNDER,.THE PARCEL OF LAND.
FEET SwN OM:TME NORTH LINE OF SAID LOT 1a: WEST.76 FTET, HIEREMASOVE DESCRIDELN:,WITHOUT,HOWEVER,THE RIGHT TO DR6.t.DID OR MMA .
tHENCE SOUTH to THIE%*rACE:.THEREOF 8Y DEED RECORDED MARCH If, 1963....IN ROM
FEET. TNENCE WEST 124 FEET: THENCE SOUTH TO A:POINT 216.5 FEET SOUTH 5"7.PAGE
Of THESQZ
LOX OF RNALRUT AVENUE: THENCE WEST 326 FEET TO.THE.W ES'f LINE OFFICIAL RE
or.SAID LOT: ..AIMS 0202-064-02-0-000
rANCE NORTH 216,6 FEET.MORE OR LESS. TO THW CENTER LW-OF WALWT.
AVENUE,
EAST ALONG THE CiENTER to*OF WALNUT.AVENUE TO IH9 PONT OF
8E
s0 THEREFROM ANY PORTION LYING WITH NEVADA STREET Title Report (Easements)
ALSC'EXC PT#1G THEREntom THAT POSTm CONVEYED TO THE STATE OF t9 MK To TITLE Wm In.am-"* ':v.
CALIFORRIA4 BY. FIw Amotvie nITE-cowNw.EAin DUEox ton
DEED RECORDED DECEMBER 12,1900 IN 0009 53OZ PAGE 468;DMFTTIAL- �:.
RECORDS, LYING
NORTHERLY OF IK FOLLOWING
LJWE-
SECURNING AT A PONT*4"IHIE WEST LINE:OF NEVADA STREET,50 FEET WISE. I A rRpht of ray ofundiscfat*d rout*rind wkfh for T"9r*at WW egrets _ ow..
DISTANT off
ALONG SAO WEST LINE SOUTH 0 DEG. 25`44"EAST 1626 FEET FROM THE.: a labi shed roddeby on the proWy hwset deecrif,14 at conveyed to the ororgedat*
CENTER LM OF "ScO w
WALNUT AVENUE.ASANDONIED THENCE SOUTH 69 DEC,34'le WEST 100,00.. 0.. Association.,by or¢eanant recorded July TM 1915 VA Seek 575,pop 66,of Oseds.
FEET; (otACT LOCATION OF SAID RI(0HT-A-WAY CANNOT BE DETERMINED PER RECORD OEEDJ
THENCE
SOUTH 79 OEO.54"06"WEST 40.34 FEET; IHRAM:SOUTH 89:DEG.05`55' An oddreNIt for.an 6-Atli:ewnmt PIN"FLM tar and.:10,014MAW PUMOI at
WEST 46465 FEETfit„}.the
TO THE WEST OF SAW LOT I. ✓ t recordad Msrch is,'1934 as bosh 944.Prigs 25S of OffickO Records.
ALSO.EYOT:PTING.yHEWqM.ALL THAT PORTION THEREOF CONVEYED TO THE: S. Abutters ritssts of 4s9resA bbd 6WIMM tour from itis adJoln"freeway iw.se own
STATE OF rdulVulened kr
ati-12 342 8Y GRANT DEED RECORDED APRIL 25 1466«64S T NQ the daeum*nt recorded April 25;197 Ot lestrumsnt Mo.66-^122349 of Otwol
OFFICIAL REOORCTS::.
ALSO.E)fCEpyMG THEREFPCO.ALL MINERALS,06.,CASES AND OTHER
HYDROCARBONS 8Y 'Title Report (Easements)
WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE::PARCEL Of
LAND wvw tt MSE TD TOLE K7mNO,wa-tuna x^PKPMES ty
HEREINASOVC DESORRIED,WITHOUT HOWEVER THE RIGHT TO 0011,DNC OR LINE FRST.AMERICIN TITLE GD~.RAID.ERE 23,M
THROUGH THE SWACE THEREOF,AS RESERVED IN THE OEM FROM THE STATE
OM TfEMQf6 R.DT7CEi HE&iLdt
CAdJf`C FA.RECORD...: FEARUARY 6,1963 W SOON 5647..PAGE 9M,
& Abuttd`s rlglate of and egret»to or tram Stdte rogFreoy us. 10 have been-Roquiwxed In.
the aotumant recorded Morch 11, 1983 od Bac* 5667, Pogs 602:of Official Rscwda,
THAT P011110" LOT a.fi4,$7{5C 2,HENRY L TRACT. tf THE CITY: The effect of o used asecuted by Mory d Stagg, o widow whorhos nut r to Mary I
Of Stagg, as trust"Of the Mary M Stoer gg Trust undTrust.Agrsemteat doted:Octobsr 2.1995 and
REDLANOS,. .
COUNTY OF SAN:: STATE OF CALIFORNIA,A5 PER PIAT RE tNt: he,10"Utules a Wxcoessare t retarded ory 22 1998 as wratrument no, 96-
SOON it
02053E a!Off-ki Reccuros..
OF MAPS,PAGE 17,RECORDS OF SA&COUNTY, DESCROW AS fCILLOW'SL Al the dote of recording of the dodrnartt. the Werftor h no record forester Vs the kv,&
COMMENCING AT A POrtT ISMS FEET UUTH OF THE 94TIRSECTIOM OF THE A Oesforobo..Of OsoitP6an dor Public rood Purposes,Y'd-dimll FIs-041 Ord pubrrc serdCe.
CENTER uses, esecUted by the Caty of RoddOft reserded Marsh IM 1997.Instnun—t no 91-084943.
OF WALNUT STREET AND NCv OA SST Y, IHEPICE WEST 30 FEET TO THE TIT CNf6+cid:Rtrdsrds„
PONT Or
KW#GAG, THENCE WEST TOO IrEET TO W NORTHWEST CORNER OF It*LAND
To THE, ALE ASSOCIATON,A CORPORAITok..:BY OEM
RECORDED APRIL
4, 1941 01 SOON 1464,PAGE.RST«OFFICAL WCOIRM THENCE.$OATH 40 FEET
TO A'POINT
202,4 FEET SUDIH OF THE NORTH UNE..OF SAID LOT I: THENCE-WEST 76 FEET:THIENCE
: .
4:47U'tN t0 FEET,.:.. WEST 94 MET to THE NORTHEAST CORNER OF THE
LAND
CONVEYED TO THE CRANCEDAU PROTECTIVE ASSOCIATION, A C .. 110N;.BY..
D
RECORDED DE 12.t430 IN sow 67S, PAGE 185 OFnCtAL RE
TfIENCE SOUTH
ALONG THE EAST UNE OF SAID LAND 114.3 FEET TO THE NORITH.:UNE OF THE
A
TOMA,AND SANTA FE RAILWAY RIGHT OF WAW, WENCIE EAST ALONG THE:.
NORTH LINE OF
SAID PdGHT.Of WAY TO TME..W-91 Lik OF SAID NUADA SIMI., THENCEROAN ALONG
',.
SAM PAM UNE TD IHE TRtE,PMT OF.:D ONNING..
EfICEPTti40 IHEREMOW ALL.THAT PORTION DiEREOP CONVEYED TO THE STATE OF..
CAI,FOWA 0T GRANT DEED RECORDED AFS 25, 1966, INSTRUMENT NA
64-12234$;.
':.AL:RECORDS
ATN:0292-016.4^°03-d-ODDS:-d 0292-064-05-0-070.
EXHIBIT "B"
SPRINT LEGAL DESCRIPTIONS
Proposed Sprint Lease Area Legal Description
THAT PORT10ON OF LOT k KOCK 2 Or WJ*Y L "LIJAM TRACY,IN THE CITY OF
RCOLANK COUNTY Of SAM OI..STATE:OF CAL0004A,AS PER PLAT
RECORM M 9OOK 11 OF MAPSL PACE It RECIMM Of SAID COUNTY,
DESCFAM
AS-PQU-*W,%
COMMENC440 AT A PORT ON THE SOUMI&Y UK OF SAM LOT 4, SAID POINT
804 IT&31 FEET EAST OF THE SOUTRWEST CQV" 114EKOF.- THENCE
PERPENOIC"FROM SAID SOUTH UNE NORTH 00'23`11*ViCST ILOO FEET TO
THE TRUE POINT OF e(GO0414r.
It"Ce Wulif 30L00 FEET.
THENCE WEST 4100 FEET,
THENCE NORTH XW FEET,
THEME EAST 43=FEET TO TRUE POINT Or BECW,*W-
cONTAAM iM SWAME FEET MOW OR LM
TOCE74M VATH THE ACCESS ANO:UTILITY EASEIANTS RE TO SERVICE SAO
SITE.
10'-0" Wide Proposed Sprint Utility Easement
A 10 MET"OE STW Of LAW WHO A PCRtM OF LOT 4 MM 2 OF HB*Y
L MAL IJM TRACT.P0 THE CITY OF RMLAMM COUNTY Or SAN MMMMINO;
STATE OFCALWORMk AS PER PLAT RECORDED IN BOOK It OF MAPS,PAM 77,
RECOMS Of SAM)COUNTY.CDOV11UNE Cr EASPAENT OEScmM As Fauoft
BEW*440 AT A POINT ON THE SOUTFIfEMY LINE OF SAID LOT 4,SAID POINT
08NC 189.00 MET EAST OF THE SOUTHWEST CCANER THEREOF. THENCE
PVWENOK"FROM SAID SOUTH LINE NMTM W 26'21'WEST tu.78 FEET:
THENCE WEST 20-V FEET TO POINT OF TERIANAMON.
5'-0" Wide Proposed Sprint Access Easement
A 3 FEET VADE STFW OF LANO BEIM A PORTION OF LOT 4 INA=2 OF HELY
L VALUAM TRACT,M THE CITY OF AEOLANDS.COUNTY OF SAN MMAROOR%
STATE OF AS PER PLAT RECOROW IN BOOK it Or NAM PACE 17.
W-COKM OF SAID CCUNTY,CENUMUME OF EASEMENT OESCROM AS FOL1.0ft
CM4**CM AT 7141E SOUIHWEST CORNER Of SW LOT 4; THENCE*OM
M'34W EAST-3-100 FEET ALONG THE SWTHMY UNE OF 5"L07* THMCE
NORT14 OC XOV EAST 150 FEET TO THE TRUE POINT OF KONNom THENCE
PARALLEL 70 THE SOUTHERLY LW OF SAM LOT 4—NORTH 393eW EAST 02-35
FEET. THENCE HEWN W 22'13-WEST ZW FEET TO 714E SOUTH UNE OF THE
SPMNT LEASE AKA.
THE SIDELINES Cf'SAM STRIP EASDAENT SHALL EXTENO CA TEMMATE AT THE
SAO SPRINT LEASE AREA.
EXHIBIT '6191
PLAT TO ACCOMPANY LEGAL DESCRIPTION
(ACCESS EASEMENT,LEASE AREA & UTILITY'EASEMENT)
�- — -- INTERSWE tib
(E TREE(M)
A TOTAL O
( P OF WAY TREES*MR SPRW LEASE
AREA TO BE F49JOYM
f�?
(E) CHNN LW FENCE (E) ORANGE CROW
(CHAIN LINK TO 8E REMOVED +fi t gyp`
+ MtTH T-111 S STEALTH INA TAW
MWETER
Slow Fit WATCH
"NT MUMENT stiELTER)
mow-'
IV—O`WIDE
PROPOSED 5'-0*
WIDE SPRINT
ACCESS EASEWENT
(E) OWN LINK FEENCE—i
4
(Wa OF WAY W RAK" OW ACCESS ROAD
FA- if
ROM #'—e OF DWINC PRW= E
OWN TER WNTH T—t t 1 SMM
TWO( ) ENO POSTS
(
E) kMJM TRAM(E) RAA"4D TPA= PROPOSED'WW LEASE AREA
N
R W